Fence - Problem neighbours: advice, please?

Suzkin

Hi,

I ended up paying for a fence on my neighbours side and so ensured it was situated on my land. The fence is closeboard (i.e. a horizontal and then verticals above).

The neighbours (tenants) have put lots of new earth right up to the horizontal piece of fence and to a depth just lower than the verticals. In fact the horizontal part of the fence is no longer visable. They have started a vegetable patch from the fence, and have not created their own vegetable border. This spans the whole length of the fence.

Because of this, I would not be able to get full access to the fence if I ever needed to paint preservative on it. They use the hose a lot, and I am also concerned that this would accelerate rotting of the fence.

Is there anything I can do about this situation? I think they need to at least create a 'trench' of sorts, to protect the fence and ensure full access.

The tenants are / have been rude to me (and appear defiant). The Letting Agents would not care, and nor the owners - since they would only be interested in keeping the paying tenants 'happy'.

Any constructive suggestions please - most welcome.

Johnhowell

There are lots of messages like this on www.gardenlaw.co.uk website. Try posting there - lots of knowledgable people there.

Good luck.
John

27col

I am not sure why you would want to gain access to the other side of the fence. It is not normal to paint the side of the fence away from you. Even if the gravel board was not covered with soil, presumably the neighbours could decide not to give you permission to go in and paint it. Gravel boards seem to be pretty long lasting, even with soil up against them. Having said that, obviously it would be preferable if the gravel board was not covered. But as the other side of the board is in next door's garden, then it is effectively beyond your control. If the house is being rented, then it may be that the unfriendly neighbours will not be there for long. Perhaps you should speak to the owner at some point, and the LA. You just seem to be assuming that they do not care. My son rents out a house and he would be most upset if the tenants did anything to damage the fabric, or indeed the fencing.

Suzkin

27col: You've missed the point.

On principal the tenants know that they are rotting / disrespecting the fence AND ME: When I arranged for the fence to be erected, I asked them/agents and owners to ask for my permission to do anything to it.

They do not care - they have been verbally rude to me. The Letting agents and the owners do not care either - and only want their paying tenants to be happy. The tenants are long-lasting and have been there for many years, although not as long as I have - which is hardly the issue.

I paid A LOT of money for the fence - which is totally on my land, and I intend to keep it as a fence and not to be used for anything else. The tenants however, are using my fence as a border for their very long veg. plot.

I think I might have a right to access their side for maintenance/repair BUT I wouldn't be able to access it as they've effectively blocked up access to the entire length of the gravel board - which is STILL the fence.

Prevention is better than cure - and since I am responsible for the whole fence (remember I paid for it and it's on my land), I think the least they can do is to show some respect!

Johnhowell

Suzkin wrote: »

I think I might have a right to access their side for maintenance/repair BUT I wouldn't be able to access it as they've effectively blocked up access to the entire length of the gravel board - which is STILL the fence.

You do have a right but you would have to get a court order under the Access to Neighbouring Land Act 1992.

Regards,
John

elaine373

If the other side of the fence is on `your land`then i cant see how there is a problem. I dont think this is about your fence at all, but more because they have upset you. I do sympathise with you if you have had problems but if you are coming across as aggressive/defensive then i can understand why they may have been rude. I would urge you to encourage a positive response by being polite when you need to paint/maintain your fence.Neighbour disputes are incredibly stressful and more often than not, totally preventable from escalating.Is it worth it

robnye

i think the point th op is trying to make, is that he has erected the fence totally on his land (therefore it doesnt follow the mid point between both gardens), the tenants have filled in this gap - wich has in fact made their garden bigger.....

i had the same issue in that i replaced a fence on my left that had fallen down.... i positioned it totally on my land and semi filled the gap with the debri from next doors (supposedly maintained) fence...... this made is awkward for them to grow anything as they couldnt get any depth of soil in this little no mans land space.....

not sure how OP can go about this.... short of removing the fence and gravel board and allowing the next door flower/veg plot to slowly sink into his own garden...

Suzkin

Elaine - youve missed the point also: I have been VERY VERY POLITE TO EVERYONE CONCERNED - They've been rude, as I'm asking them to do something they don't like/want to - get it?

The problem IS the (No - MY) fence!

Suzkin

Andrew - to address your points:

I consulted with neighbours, owners and letting agents throughout a 3-year period. No-one offered to pay or contribute.

I think by paying for my fence and positioning it on my land actually DOES give me a right to access it i.e. for repair or maintenace purposes (and if I needed to, then I'd be forced to remove part of their now-veg plot, to do so). See John Howells post above.

btw: I may be writing quite strongly here on this thread; that is because I have done nothing ('wrong') only asserted my rights in a very polite way BUT the tenants do not like it, because they are renting and I am asking them to do something they do not want.

I have rights and I am asserting them politely: I think any resentment or obstruction - is coming from the tenants - as expressed by their actions and rude behaviour (e.g. turning on and up the radio when I am talking to them, talking 'down' to me etc). All I want is to protect and preserve my fence - they are disrespecting!

I have ALWAYS ASKED POLITELY!

27col

You have not said by how much the new fence is on your land. It would seem that you would still have to get permission to go onto next door to do any maintenance. In fact I would think that by moving the fence onto your ground all you are doing is to give next door a bit more land. I would have thought that you might have serious problems maintaining your rights to the real boundary unless there are some posts or other indications as to where the original boundary actually was. I know that it is a bit late now but a previous poster has hit the nail on the head. The fence should have had concrete gravel boards. The neighbours don't sound like the sort of people who would respect other people's property. I hope that you manage to sort it somehow.

robnye

27col wrote: »

You have not said by how much the new fence is on your land. It would seem that you would still have to get permission to go onto next door to do any maintenance. In fact I would think that by moving the fence onto your ground all you are doing is to give next door a bit more land. I would have thought that you might have serious problems maintaining your rights to the real boundary unless there are some posts or other indications as to where the original boundary actually was. I know that it is a bit late now but a previous poster has hit the nail on the head. The fence should have had concrete gravel boards. The neighbours don't sound like the sort of people who would respect other people's property. I hope that you manage to sort it somehow.

wrong by putting the fence on your land, just means you are then responsible for its maintenance...... it does not give the neighbours any rights to claim the middle strip of land as their own...... which is what the OP is talking about