Pls help-neighbours threatening court for 'unsafe' fence

summerday

That's a clever idea mqandy, might well do that.

prudryden

Check your deeds just to be sure it is (1) your fence and (2) it states that you have to have a fence. Maybe, it is a party wall fence and he has to chip in for the repairs. But check anyway.

bitsandpieces

mqandy wrote: »

Get a quote from a reputable fencing contractor to "repair the boundary fence".

Be no more specific than that and see how much work they advise on.

If they say a panel or post needs replacing, pay up - that way, you've been a good neighbor without giving in to a grumpy bully!

Then keep the quote as evidence the whole fence did not need replacing.

Seems sensible - assuming you can find a good/recommended contractor who won't quote for more work than needs done. If you can get round easily (and the tenants are OK with this) you may as well have a look yourself first: it's possible that something really has been damaged on the fence and that there's an obvious repair that needs doing.

You could also have a tactful word with your tenants - just to see how they're getting on, and whether they feel there are any problems with neighbours. Could give you a better idea of what's happening, and let you reassure the tenants and deal with any problems you don't know about yet.

With CCTV, I think you need to take your tenants' views into account. If you want it and it makes them feel more secure, great, but lots of people (myself included) really wouldn't like the idea of someone else installing CCTV in their home.

Debt_Free_Chick

AFAIK, CCTV can only record what happens on your own property. If he faked an accident due to an "unsafe" fence, CCTV would not record that if the "accident" happened on the neighbour's property.

summerday

bitsandpieces- yes, we will definitely go round ourselves and inspect and replace what we feel needs replacing, but I just feel if it was our word against theirs and we only replace what we think needs doing, it won't be long before another letter arrives, stating that they feel the whole fence needs replacing. I did just ring a legal helpline and the solicitor said that he could only claim if he actually suffered an accident, so I want to get something objective in writing I suppose to prove that if we think we've made it safe, it really is.

I'm not sure about the CCTV, it might make the poor new tenants feel awkward and it would probably just cause more letters of complaint from neighbours about invasion of their privacy, as it's partly a shared passage where the boundary starts.

paddy's_mum

I agree with others that you need to check, and if necessary, repair the fence. That's just commonsense and is very much the right thing to do given the nature of the chap next door.

However, I think that once you've done so, you can forget all the cattle manure about court action etc unless your neighbour has extremely deep pockets to pay out legal and court fees running into thousands of pounds, plus your legal costs when he loses.

The man is a bully, pure and simple. Any proof you need is in the intimidation of his partner and his silence while he didn't realise you were still the owner of the house. I'd bet money that the previous tenant had a tough-looking, don't-mess-with-me hubby...

He's also on dodgy ground re his actions in your garden. What barefaced cheek! Perhaps a quiet word about calling the Police to comment on his previous trespass and criminal damage might pierce his pompous balloon a bit, especially if you point out that being charged will lead to DNA samples and if prosecution follows, public knowledge of what he's been up to.

If he really, really pushes it, you could let him know that if your existing fence so offends him, you're quite happy to remove it and replace it with an absolutely lawful Pallets-R-Us replacement. You do this using beat-up old pallets, rusty bed frames, odd bits of sheet tin, all tied up with orange washing line and finished off with a nice coat of day-glo paint - you get the picture, I'm sure ... and so will he! Good luck.

googler

Find your fencing contractor, pick up your camera and video camera if you have one or both, and write to your neighbour, asking permission to come onto his property so that you can inspect BOTH sides of the fence.

Specify a day and time when you and your fencing contractor will arrive, ask him to tell you if this time is not convenient for you and your contractor to access his side of the fence for inspection purposes.

Your contractor can be an independent witness to any 'remarks' the neighbour might make at the time. You may also want to ask the neighbour to point out the problem areas, once you've introduced your fencing contractor to him.......

Barneysmom

If he's just a lodger why take any notice of him?

Fire_Fox

I don't think the neighbour IS a lodger, I think he HAS a lodger. Since he's now a pensioner, wonder if he is claiming any means tested benefits without declaring the additional income ....

Zazen999

Fire_Fox wrote: »

I don't think the neighbour IS a lodger, I think he HAS a lodger. Since he's now a pensioner, wonder if he is claiming any means tested benefits without declaring the additional income ....

No, he IS the lodger......I'd be inclined to get someone to give a quote and send it to the neighbour and say that, as he evidently has caused damage from when he was jumping over it [and give a time period and reference you asking him to stop], you expect them to foot the bill.