council house garden border dispute please help

BobQ

The OP is worrying unnecessarily about all of this.

As he has been advised this dispute is between the two owners (his neighbours and his landlord). He should tell the HA the problem and ask them to agree the boundary situation and whether the HA or the neighbour or both or nether is responsible for installing a fence to mark the boundary.

Whether the OP can erect a fence or not is for the owner (HA) to decide but it seems that having a fence is the responsible thing to keep pets from being a nuisance. Again the question of whether the OP can have pets is part of his rental agreement with the HA.

If a fence is allowed the HA can install one or allow the OP to erect one providing its on the HA owned land and less than the allowed height. AS the existing one is 11 years old it seems a new one will be required in any case so its just a matter of where it is placed.

Either way its not the OP's decision its the HA who must agree in the first instance. The same applies if the neighbour erects a fence on his own land.

Norman_Castle

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.

Is it possible they do this with the intention of weakening your fence?. You may be a victim of harrassment. Write a list of your neighbours actions which have caused you problems and discuss this with your housing association. They may or may not be able to help but should be able to offer advice.

Does anyone think that i should take down this fence and put a new one up on the correct border line?

You could re-establish the correct boundry with a very simple wire fence and leave your fence in place. Ask the housing association for help in re-establishing the boundry.

Ulfar

You need to make very clear to the neighbour that the fence is 2 feet within your boundary line and they have no right to put a fence on that two feet. The height and style of your fence is up to you as it is on your land, NOT the boundary as the neighbours think.

WhiteHorse

winterwhite11 wrote: »

If this is true then i am very worried because ... i have given away something that is not mine ...

You can't give away what is not yours. It is the Councils problem, not yours. Tell your jerk of a neighbour that he will have to fight it out with the Borough Solicitor.

winterwhite11

i just had the council man around and he said that my cherry and peach tree may need to be taken down ,something to do with encroaching the fence.
he seemed as if he was trying to sort everything out to fit in with what the neighbours want.
i told him that we put fence up and lost foot and half of garden border and he went outside and looked and said no it looks about right. i then said but if the border is the joining house wall then its quite a bit off, he seemed a bit annoyed and said they will get someone out to measure it.
i told him how long fence has been up and that neighbours said it was ok to put one up .
he said neighbours said we put up fence without asking them.
i was shocked and said oh they are lying and he gave me a look which said he does not believe me..
i kept trying to ask him questions about can i keep my fence up etc..but he just kept saying he needs to find out who is responsable for that side of the fence.
i asked him how long that will be and he said i,ll let you know when i find out, i said do you know an aprox time and he said when he finds out he will phone...
its annoying because i had different questions i wanted to know but he just did not answer any and now i get to wait and worry untill they sort things out..
does anyone know if i will be waiting aprox days or weeks or months?

motherofstudents

It shouldn't take long but it is out of your control really. I know it's easy to say don't worry but if you can manage to occupy yourself with something else, it will sort itself out. All you have to say to the neighbours or their daughter is you are a tenant and therefore it is all going to be between them and the housing association. Shame you got someone who didn't seem very helpful but don't take it personally, I'm sure it will be ok in the end.