Pls help-neighbours threatening court for 'unsafe' fence

summerday

Hello, apologies in advance about the length!

Until 18 months ago we lived in a semi detached house where the neighbours we were not joined on to were quite difficult to get along with, we lived there for 4 years and initially they were ok with us and only moaned/complained about numerous other local residents past and present, but after a couple of years we also joined their list of out of favour people because we felt we had to say something to ask them to not come into our gardens- probably well meaning (?) he was climibing over our back fence to do gardening (which we never asked for and were not comfortable with, he only mentioned afterwards that he had done it), and would remove plants from our front garden that he said were dead but we wanted left there even if he thought they were past their best. We verbally mentioned it but did not work, so wrote a very polite note thanking them for their kindness and hard work but said that we are happy to do our own gardening and would prefer it this way- it honestly was a very polite letter.
Anyway, after that we started getting regular (every few months) notes through the letterbox, complaining about noise at small family barbecues (that stopped at 9.00pm on Saturday), then saying that our garage roof adjoining theirs needed to be replaced urgently as it would cause leak damage to theirs, with very heavy threats of court action. So we did replace the garage roof promptly, hoping that would be the last of it.

Then we moved out and let out the house. While the last tenants were there for the past 18 months there were no problems, no letters etc. Recently those tenants moved out and we went in a few times to clean the house up. I'm not sure if next door realised that we were the landlords before this. The new tenants moved in a week ago and received a note through the letterbox going on at length about how the boundary fence is very dangerous, the posts are rotten and the fence could fall down, stating that it could kill or injure him and 'cost the landlord thousands of pounds, court is very expensive and he would end up having to sell the house and the one he lives in as well, show this letter to your father and to your landlord'. It goes on and on, making clear that the whole fence along the boundary needs to be replaced, in his opinion.

Now, of course we will go round and inspect the fence and posts, but honestly and truly I would be amazed if the whole thing desperately needs to be replaced, no parts of the fence are loose as far as we noticed. If there is a post that is rotten, of course we will replace it, but most of the fence is in much better nick than many fences I have seen, we stain it every year etc. Truly, I feel that these neighbours are just bitter about us asking them to not come into our gardens, and will just keep on making demands for us to spend money/replace things. Part of me thinks if we just shell out and replace the whole fence then there really isn't much more he can complain about, but then if most of it is fine, would we have to pay an expensive legal battle to prove it doesn't need to be replaced?

I would be so grateful to anyone who is kind enough to share constructive/helpful advice as it is worrying me and I'm not sure what to do for the best. Many thanks in advance.

Sarah

maninthestreet

Sounds like bluster to me.

Barneysmom

You don't have to replace the whole fence, just the post that's rotting.
But you don't have to have a fence there at all, unless it's to keep animals in.
He sounds like a crank.

Cannon_Fodder

You don't want to allow this to develop into a situation that becomes recorded at the council.

You are obliged to mention it when you eventually decide to sell...
http://www.guardian.co.uk/money/2002/nov/17/movinghouse.property1

Fix the fence.

devils_advocate

The real problem here is the world does not work in the way that this neighbour thinks it does. From what you say it seems s/he has some psychological issues, and any reasoned arument from you is not going to work. The only thing that will work is that if some 'higher authority' intervenes, who the neighbour will listen to. Thus a word from the police may cause resentment, but it may make him/her behave. You won't get them to their doctor, even if the doctor would be able to arrange treatment.

Are they elderly? Does one partner dominate the other? Is there a visiting adult child who you might be able to have a quiet word with - ie you're not bothered from your standpoint, but you're concerned for them?

There's no easy solution, as everybody on the planet has a range of behaviours and beliefs. Its unfortunate that you live beside one at the more extreme end of the range.

BitterAndTwisted

I sincerely hope that you've kept a copy of your polite letter asking the nieghbour not to do any unsolicited and unwanted gardening for you and that you've kept their ranty notes as well.

This neighbour might try another tactic to annoy you once they've spent a couple of hundred pounds with a solicitor to find out they cannot compel you to fix a fence which doesn't need a repair.

summerday

Devils Advocate- yes, you have grasped the full situation. I think that he does have mental health issues, the way he used to complain about other residents sometimes we thought he was talking about people living there at the time when he was re-hashing details from 20 years ago! He is not married to the lady he lives with, he's her lodger, and we have heard him shouting at her lots of times and I think she's scared of him, but will agree with and stand by everything he says- I think she writes the letters for him. They are probably both in late 70s/80s, and he in particular seems very bitter, neither seem to have any children etc and little else to occupy their time, but the few friends he has are similar age and have heard his side of the story and have given us glaring looks when visiting.

Do you really think we could approach the police on this? I would if it helped.

Cannon Fodder- Yes, we are fully aware that we will have to declare this when we sell, which is one (of several) reason why we decided to rent it out rather than sell when we moved. there was absolutely no problem when the last tenants were there, and cruel as it sounds and I wish them no harm despite everything, they may not be living in the house for that many more years due to their age.

Thanks so much for your responses so far, plase keep them coming.

Fire_Fox

Sounds like harassment to me!

Smashing

Cannon_Fodder wrote: »

You don't want to allow this to develop into a situation that becomes recorded at the council.

You are obliged to mention it when you eventually decide to sell...
http://www.guardian.co.uk/money/2002/nov/17/movinghouse.property1

Fix the fence.

But where do you draw the line? The more you pander to him, the more likely his demands are to escalate.
He'll be insisting half your garden is his next.

Zazen999

I'd go round and take photos of said 'fence' and write back with the photos asking them to point out which part of the fence is rotten as in your opinion it is sound.

Of course, if it is rotten when you go round then you'd replace anyway, so if so, write back thanking them for their prompt notification of the issue.

summerday

Zazen- the letter starts off by stating that one post is rotten, but then later states that the whole boundary fence needs to be relaced. Part of me thinks that if we just replace the whole thing then at least he can't moan about anything to do with that, and I can't think of many more maintenance issues that he could bring up in the future (but then people like that seem to find something don't they?) but if most of the fence is fine, why should we replace it?