The Ugly Fence

anoneemouse

kmmr wrote: »

I disagree with this. This isn't just an unsightly fence, it's a big ugly piece of dodgy engineering that is reliant on your structure, and looks highly unstable anyway. The risk of it falling on your house must be reasonably high.

I can't see why the fence can't just be better supported on the raised side. He has left a good bit of space up there, and could have put some supports into the ground rather than those spectacular flying buttresses against your very unstable looking fence.

Sounds like this is something that could have been avoided with more discussion beforehand, but you are where you are, and can't just ignore it now. It would be a reason for me not to live there - certainly not to buy, as I could imagine a neighbourhood dispute from day one! Not that you are planning to sell it, but it's something to keep in mind still.

That thought had crossed my mind of the fence possibly falling onto my land. This being the case, then I would take out the legal insurance add-on that it is possible to have with house insurance (it only costs about £20 pa extra). Then if the fence creates any problems I would be in a position to claim against this neighbour (and it would be all to the good that he probably doesnt have this legal insurance himself).

This could be another way to tackle the problem actually. That is to take on the legal add-on to your household insurance and, as soon as you've safely had this long enough to be able to make a claim on it if necessary (ie if his fence causes you any damage) then tell him that there is a risk of his fence damaging you/your house and "I wouldnt want it to come to any question of damage AND having to call on my legal insurance". Maybe the thought of a potential claim from you would be sufficient to make him reconsider.

Running_Horse

Or they could just talk to each other like reasonable human beings.

Has the OP tried this approach?

There will be only one winner once lawyers get involved.

Hanky_Panky

Running_Horse wrote: »

Or they could just talk to each other like reasonable human beings.

Has the OP tried this approach?

There will be only one winner once lawyers get involved.

Or maybe two

Strapped

I would take the opportunity to remove the old fence (but prop up his so it doesn't fall over when you do so) and construct a proper retaining wall + new fence. If this happens to mean that you gain a couple of inches of garden, well then, that's a bonus. The end result will be you have a fence you're happy with, and the land will not continue to slide onto your side, plus your neighbour will still have his fence to look at. As you've indicated that that it's your responsibility to maintain that boundary then perhaps this is something you should've addressed before, but anyway, I would now swallow the cost and avoid starting a neighbour feud. (I say this as someone also downhill from some dreadful neighbours!)

Strapped

hatparksol wrote: »

Originally when he spoke to me he said he wanted to replace the old fence, this was due to the fence leaning, it is leaning due to movement in the soil/ground on his side, If he'd of asked I would have helped him / myself and dug or had it done with him, right now passions are running VERY high, I'm not sure how it lies with the law if I remove the old posts, the lease shows a T on our side of the connecting boundary, I believe this makes the boundary Our responsibility, in which case I will get a still saw and cut the fence posts down to the level of his ground.

How so? This is the part I don't understand - how is it his fault that it is leaning, and has he spoken to you about it ever, or you to him?

Strapped

Mojisola wrote: »

This is not true - it's a very persistent myth!

You only know whether you are responsible for any of your boundaries by looking at your deeds - it could be none or all of them.

Or the deeds could be silent and then you're really into fun and games

Mojisola

Strapped wrote: »

Or the deeds could be silent and then you're really into fun and games

That can be the case. If the deeds don't show who is responsible for the fences, it depends on who needs the fence the most.

Strapped

Mojisola wrote: »

That can be the case. If the deeds don't show who is responsible for the fences, it depends on who needs the fence the most.

Ours are silent, hence the new hedge on our neighbours' side and the new 6ft fence put up by us along the route of the old 3ft one after they planted their hedge and started making strange about me cutting off a branch which grew over our side! Not sure who actually "owned" the fence as we both moved in about the same time, with the fence already there, but it's ours now Worth every penny now we can't see the PITAs.

camptownraces

Originally when he spoke to me he said he wanted to replace the old fence, this was due to the fence leaning, it is leaning due to movement in the soil/ground on his side,

The above is a quote from OP's partner.

Looking at the photos, the clear reason for the original fence leaning is the failure of the retaining wall. It's bulging at the bottom and not up to the task. The construction is simple stretcher bond - not strong enough, a single brick's thickness: it should be at least a nine inch wall (garden wall bond).

As the boundary is OP's responsibility, he should address this and deal with the wall. (and then rebuild the original fence if desired).

The poor old lad next door has gone to some expense to rectify a problem which was not his responsibility.

However, it doesn't look as if the OP is around any more, so may not get this advice before the retaining wall collapses.

Cash-Cow_3

One of the photos states it is 11 feet high. Surely, being over 2m that would need planning permission. I suggest go back to the council with the photos.