Problems with Neighbours Fence

phill99

stinkerbell wrote: »

Thank you all for your informative and in some cases amusing replies! I have received the documents from land registry and they clearly show the T on his side! Speaking to the neighbours on the other side, they too have a concern regarding the state of the neighbours garden and have also expressed that the overgrown garden is a breeding ground for foxes! I will be joining forces with them and making a complaint to the council and if necessary my local mp. I will certainly be playing hardball in the future if he ever needs access etc..

With regards to the comment about me leaving my kids alone in the garden! I think that comment was wholly unnecessary! I appreciate the point you were trying to make with your other comments, and I posted this thread to get helpful replies! I did not post this thread to get some self righteous individual to question my parenting techniques! I, like many other parents, know I do a fabulous job, I think your comment says more about you then it does about me:mad:

Many people have given you some very sound advice, but seem not to be taking heed. You say that you have a Land Registry diocument that puts the 'T' on his side. This indicates that that land owner is responsible for maintenance of the boundary. That DOES NOT mean he has to erect a fence or maintain a fence and you CANNOT force him to do so. He is doing nothing illegal or in breach of his obligations as a landowner.

And your perceptions of Foxes is completely wrong. Foxes will not have their dens, nor have their cubs so close to humans. You garden as well as next doors will be on the same route that they take every night to forage for food. Additionally, foxes are not classed in any legislation as vermin and therefore the council will not do anything about the state of the garden.

You would be better off building your own fence within your boundary. And stop reading the Daily Mail.

keystone

stinkerbell wrote: »

Thank you all for your informative and in some cases amusing replies! I have received the documents from land registry and they clearly show the T on his side!

Once again that does not require him to fence the boundary. Its meaningless in your objective.

and have also expressed that the overgrown garden is a breeding ground for foxes!

They are wrong and so are you.

I will be joining forces with them and making a complaint to the council and if necessary my local mp.

You are wasting your time. You have been given correct advice but as its not what you want to hear then you'll ignore it? Fair enough your choice.

I will certainly be playing hardball in the future if he ever needs access etc..

Thats vindictive for a boundary issue which isn't that YOU are creating. In any event if you unreasonably withold permission and he uses the Access To Neighbouring Property Act then you will have no choice so your approach is rather silly.

With regards to the comment about me leaving my kids alone in the garden! I think that comment was wholly unnecessary!

Well I'm sorry if you feel that way but in the context of the thread thats how I reacted to the words that you wrote and I suspect I'm not on my own. Its just that I tell it how I see it. Is that what you object to?

I appreciate the point you were trying to make with your other comments, and I posted this thread to get helpful replies!

Thank you - its just a shame that you seem to want to ignore them all.

I did not post this thread to get some self righteous individual to question my parenting techniques!

I wasn't questioning your parenting techniques. If you choose to leave your kids in the garden on their own then thats your choice. But if you do please don't come on here trying to transfer responsbility onto someone else when you perceive a risk to them caused by your actions and nobody elses. Your righteous indignation shouts volumes and methinks you do protest too much.

Cheers

muckybutt

Oh for the love of god woman, put your own fence up on your side of the boundary, job done then you cant see the "tip" next door.

To be honest if I were the other chap and didnt give a toss about the garden, and I had someone asking me to put a fence up just because they wanted me to id dig my heels in too, why should he spend money on something he doesnt want to ?

Errata

If I were the neighbour I think I might pop into B&M, spend a tenner on packets of 6" high fancy border edging and stick it along the boundary. Fence erected, job done.
Some people might think a garden is overgrown, when in fact it's as a sanctuary for insects, bees, birds, hogs, butterflies and other wildlife and native wild flowers.

paddy's_mum

Keystone has given you facts. What you choose to do with the information is up to you. However, there is one little thing of importance that nobody has yet mentioned.

If you own your home, as I believe you do, be very careful that you don't provoke or fuel a disagreement that could later be interpreted as a dispute.

You are required by law to declare any dispute to an intending purchaser and many people won't touch a house with a bargepole if there is even a hint of problems with the neighbour/s.

It does seem to me that you are so intent on pursuing what you perceive as your rights that you are at risk of trampling all over those of your neighbour ... and that way lies danger.

Good luck and hope you can get it all sorted out amicably.

adviceforall

We used to have a fox that regularly came into our back garden and the one that is at the end of our garden and it used to jump over our fence 5ft ish and jump into the other garden and then sit on the neighbours shed roof and sunbath ( shed had to be over 6ft high).. So the fence might not stop them coming in.

stinkerbell

Thank you for your advice.

I guess I was quite angry at the neighbours refusal to put up a fence and wanted to know where I stood in relation to making him put one up. I understand that I can't make him put a fence up. When we initially had the experience, we did consider putting a fence or brick wall up, but we were concerned that we might set a precedence and if the downstairs flat ever wanted to get their fence done, they would expect us to do it. Also we read a couple of threads on the net where a neighbour had put a fence up and they were asked to take it down. In any case, I guess we may end up putting one up (even if it doesn't keep the foxes out!).

It's a shame, because we have very good relationships with all of our neighbours (even the tenants living in the flat next door). The landlord who we have the issue with, hasn't touched his garden or fence for the last 5 years that we have lived here. His trees and bushes are also leaning into our garden. I guess subconsciously we have been hoping that he will eventually put something up, and the whole fox incident has just added fuel to the fire. I know I am going to be shot down for this comment and it may be unfair, but it does leave a sour taste in my mouth.

I also now know more than I care to about foxes and have moved away from my initial views of foxes being more scared of us than we are of them! As I said in my original post I was watching the kids from the kitchen, which is why I was able to react so quickly. As a parent and particularly in this instance, I am critical enough of myself, without anyone else pointing the finger.

KateLiana27

Stinkerbell, you might want to check who is supposed to be maintaining the garden. Where we live now, the garden attached to the flat below is supposed to be maintained by the tenants (and they do a great job of it). If you get on well with them, couldn't you ask them nicely if they'd mind running a lawnmower over it and doing some pruning? Or even letting you in for an hour to do it for them? Might be cheaper than a fence if the main issue is a badly maintained and overgrown garden.

keystone

stinkerbell wrote: »

When we initially had the experience, we did consider putting a fence or brick wall up, but we were concerned that we might set a precedence and if the downstairs flat ever wanted to get their fence done, they would expect us to do it.

Actually no. You are quite at liberty to erect your own fence on your own property. It must be your side of the boundary. So if I were going to do that I would go the whole length of the garden (so what that the downstairs flats fence then back to backs with yours).

Also we read a couple of threads on the net where a neighbour had put a fence up and they were asked to take it down.

Mmm - intriguing. Any chance of a link to that?

His trees and bushes are also leaning into our garden.

Now thats a different story entirely. You are quite entitled to trim these back to the boundary to stop them encroaching on your space. If you do though you should offer the arisings back to the owner as they are their property and not just dump them the other side of the boundary. If they decline then it is up to you to dispose of them.

I know I am going to be shot down for this comment

Actually no - certainly not by me because it shows that you have been thinking about the situation and if my application of a slightly blunt instrument has assisted you to do that then thats a great result for you.

I am critical enough of myself, without anyone else pointing the finger.

Indeed so and thats why you got angry really firstly with the neighbour and then with me. Its only human after all. I wasn't pointing a finger - merely commenting on the situation as you had described it.

Go well and hope you can get it sorted out to everyones satisfaction and benefit.

Cheers

Jaynne

Errata wrote: »

Some people might think a garden is overgrown, when in fact it's as a sanctuary for insects, bees, birds, hogs, butterflies and other wildlife and native wild flowers.

I hope you're not meaning the big ones that go oink!