council house garden border dispute please help

winterwhite11

thankyou , i will be getting back in touch with ha but it won,t be untill friday.
I had a look on the internet and i think as a few people already advised that my party wall is the garden border, if that is the case then the neighbours have just over a foot and half of my {ha,s} garden.
Does anyone think that i should take down this fence and put a new one up on the correct border line?
doing that would help in 2 ways, it would give back ha,s garden i gave away and neighbours would then not be able to dig on the one side of their path next to my fence.
because they dig there my fence is always in a weakened state,it leans over ,breaks easy and any strong wind blows lots of my panels down. i must spend a fortune each year replacing them.
it would cost me around £500 plus a skip hire to replace but thats a bargain to what i would pay out in the long run .
I was also worried because i read that if fencing is in a weakened wonky state then neighbours can insist it is taken down anyway as it is dangerous.
If i was to replace fencing to correct line do you think i can just get the things needed and get it done or am i not allowed to just do that,do i need to ask the council or ha first?
and if i took fencing down would it mean i would then have to ask neighbours permission to re put it back up which they would obviously say no too.
I will be speaking to ha but not untill friday and i will get very anxious waiting till then for answers so when someone gives their advice on here it really helps me.

mrschaucer

Please don't do anything at the moment and try not to let it get to you until you've spoken to the ONLY people who can really advise you, the ha, on Friday. They will tell you exactly what you can/can't/should/shouldn't do regarding the fence and the lost bit of garden. Write it all down beforehand so you know exactly what you are going to say and so that you don't forget anything. Write down exactly what they say to you so that you remember it, or get them to write to you with their advice. Good luck.

mancitychick

Once you have clarified the situation with your landlord and have found the correct boundary line I personally, would put a new fence up on the correct boundary line. Making sure it was the height I wanted and not swayed by what next door wanted.

charlie3090

just a thought,what about getting a wire fence on the original boundary. then put your fence a foot or two inside your garden, it would be harder for them to damage it then,what nasty people they are,but in law(i have a tree thing with 2 massive walnut trees that touch my house and are much higher) ,i can trim their overhanging trees but i have to give them what i cut off .
so surely the same applies to your grass,weeds etc,its up to them if they want to remove them not you.
please dont let them keep bullying you ,you have done nothing wrong.
last question, why has it taken them 11 years to decide they dont like your fence?

Superbiatch

mancitychick wrote: »

Once you have clarified the situation with your landlord and have found the correct boundary line I personally, would put a new fence up on the correct boundary line. Making sure it was the height I wanted and not swayed by what next door wanted.

Would the HA not replace the current fence anyway if its in a weakened state? That could be the answer to your problems as they'll put it in the correct place too. Good luck, can't abide annoying neighbours like this :mad:

I wouldn't give them the time of day, just point them to the HA as you don't own the property and therefore shouldn't be getting the grief.

charlie3090

by the way,no more cherries for these miserable parasites, they dont deserve your kindness

clutton_2

"One of my panels come down yesterday and i know the man is going to refuse us access to his garden to put it back up"

there is an Act called Access to Neighbouring Land Act 1992 which allows anyone legal access over anothers land to effect repairs to their property. so they cannot refuse you, or the HA access.. but they could refuse and HA would have to take them to court..

but as others have said.. let HA deal with it..

the are bullies... let the HA deal with them for you....

olibrofiz

or you can get those concrete posts with gravel boards so you don't need to go on their land - http://www.avsfencing.co.uk/retail/products-by-type/fencing/fence-posts/concrete-fence-posts-gravelboards/

i think with those you can replace broken panels by just sliding them into the posts.

your neighbours sound awful. I agree with other posters, see the HA first, get them to negotiate with your nfh regarding the boundary line. I don't think someone can claim land after 11 years, I think it's longer than that.

and don't take any notice of them. if he wants a smaller fence he can put one up on his side of the boundary line, you are entitled to put up a fence on your side of the boundary line - if they're different heights, too bad.

Don't worry, it's really not as bad as you think x

clutton_2

its 12 years.. you need to get a move on...

tyllwyd

Is the land registered?
http://www.legalcentre.co.uk/property/guide/adverse-possession-of-land/

If your neighbour is trying to establish that he owns the land, I would have thought that letting him put up his own fence along the current line of fencing would be a very bad idea.