Neighbour dispute - fence posts erected in my garden

slimzee

Hi

Need some advice on this, a newly neighbour has demolised their garage and put up a fence, this is fine with me, but the big chunky fence posts are all on my side of my boundary.

The neighbour has not put the posts on his side of the boundary as this is where the concrete floor of the garage remains so in a cheeky way he put them behind the concrete in my garden.

Secondly my fence post was removed! for his benefit!!!

Spoke to the neighbour in question today his response was "you were not at home so were not reachable so I went ahead and did it" This is unacceptable to me, don't think it matters If I was unavailable for 5 years why would someone fit posts in my garden and remove 1 of my fence posts.

I believe a reasonable response would be to ask him to remove the posts violating my border, pay for my fence post and the cost of paying someone to fit it as well.

I am planning to give that in writing in person and probably recorded delivery letter as well.

warehouse

slimzee wrote: »

I believe a reasonable response would be to ask him to remove the posts violating my border, pay for my fence post and the cost of paying someone to fit it as well.

I am planning to give that in writing in person and probably recorded delivery letter as well.

I also believe that is reasonable.

G_M

You have every right to do this, and to remove the posts from your property.

However against this you have to balance the reality of living next door for the foreseeable future. Neighbour disputes can lead to long-standing unpleasantness, making life a misery.

If you can resolve this amicably, do! Written demands (however politely scripted) will escallate the tension, so try face to face again. Take a friend/family if you are intimidated. Take a gift (plant?) as a peace-offering. Anything to lower the tension.

So yes stick up for your rights, but tread carefully!

Ultimately of course if you are sure of your ground (like the pun?), you can either get a court order for him to remove it or you could simply remove it yourself (it's your property).

slimzee

My detached garage is along side their house, they are not directly connected to my house so I don't for see any future longterm face to face issues. Just can't believe the stupidity of people, and the thing is the dude put the fence up himSelf it was quite a good job the the material seems expensive.

I think I'll let him carry on painting the panels and then go to him again on the weekend.

neas

Playing devils advocate here. All it means is you lost about 5cm of potential garden space... because to do it fair i'd have had the posts halfway across border and agree between both of you as it benefits u both to go 50/50 for fence.

Obviously communication doesn't seem to be yours or your neighbours stregnth.

Playing devil advocate again... drilling out concrete or slapping in a post in earth is alot easier... and can see why he did it.

While not nice he didnt involve you your response will just inflame the situation... and people wonder how neighbours fall out lol.

Its clear from your OP that you went in gun ho and the conversation wasnt 'civil'... so not suprised.

You two make your bed... and you will have to sleep in it.

All for the sake of a 100 quid fence.

And if the guy had asked you... would you have forced him to drill 5-10cm into his side of concrete just so you didnt lose a small portion of garden?


Removing ure fence post was wrong tho....but prob to make new fence match i'd hope.

alezzandro

neas wrote: »

Playing devils advocate here. All it means is you lost about 5cm of potential garden space... because to do it fair i'd have had the posts halfway across border and agree between both of you as it benefits u both to go 50/50 for fence.

Obviously communication doesn't seem to be yours or your neighbours stregnth.

Playing devil advocate again... drilling out concrete or slapping in a post in earth is alot easier... and can see why he did it.

While not nice he didnt involve you your response will just inflame the situation... and people wonder how neighbours fall out lol.

Its clear from your OP that you went in gun ho and the conversation wasnt 'civil'... so not suprised.

You two make your bed... and you will have to sleep in it.

All for the sake of a 100 quid fence.

And if the guy had asked you... would you have forced him to drill 5-10cm into his side of concrete just so you didnt lose a small portion of garden?


Removing ure fence post was wrong tho....but prob to make new fence match i'd hope.

I'd tend to agree.

just to keep playing the devil's advocate game, can you really tell from the deeds that those 5cm of terrain are yours? maybe the previous owner had built the garage "inside" their land to avoid discussions and facilitate the works, in which case the new fence might sit exactly on the boundary.
if you think of it, the ownership of this piece of land is based on someone that many years ago drew by hand a red line on some old and outdated map that is part of the deeds. the red line is there to give you and your neighbour guidance on how to enjoy a limited piece of land without stepping on each other's feet, it is (was) not intended to be interpreted with millimetric precision.

I perfectly understand you're crossed because of your silly neighbour (I would be very crossed as well), but think twice before deciding it is worth to start a war over 5cm of weeds.

slimzee

My detached garage wall defines the line of the boundary, the concrete of his former garage is on his side of the boundary.

When I went to speak to the guy it was quite civil, just stated a few things that :

1.) Yes hes violated my border
2.) Yes he took a shortcut
3.) Yes he took my fence post down

and the response was I wasnt at home. I stated any future owners of my house may have an issue he said he would then take it down.

But to be honest hes erected the whole damm thing up, painting it, and before hes even spoken to me.

J_i_m

It's definitely a bit cheeky I grant you, however are you really losing out on anything? Would you have let him go ahead had he asked you?

If what he's put up isn't really bothering you, then really there's no need to get stressed out over it

Sambucus_Nigra

J_i_m wrote: »

It's definitely a bit cheeky I grant you, however are you really losing out on anything? Would you have let him go ahead had he asked you?

If what he's put up isn't really bothering you, then really there's no need to get stressed out over it

Except that when the OP comes to sell up the sale may well be held up for aeons whilst the boundaries are sorted; better to get it done and dusted now.

martindow

Sambucus_Nigra wrote: »

Except that when the OP comes to sell up the sale may well be held up for aeons whilst the boundaries are sorted; better to get it done and dusted now.

Except that you won't be able to tell one way or the other from the postage stamp sized plan.

What is more likely to hold up or scupper the sale would be this dispute developing to the stage where it has to be declared to the potential buyer.

Sambucus_Nigra

martindow wrote: »

Except that you won't be able to tell one way or the other from the postage stamp sized plan.

What is more likely to hold up or scupper the sale would be this dispute developing to the stage where it has to be declared to the potential buyer.

To be fair - you don't know that from looking at the garden via the medium of an internet forum.....

It's not a dispute though is it, it's not got to that stage.

How much of your garden would YOU lose before you started to stand up for yourself?