Fence problem

Kinverkid

Just a quickie.

Next door neighbour has taken upon himself to nail/screw what looks like carpet gripper to the top of my fence.
This seems to be some sort of security device.
We do not get on
Do i have the right to remove and hand back?

ValHaller

Yes, if it is your fence. Why is he doing this?

Kinverkid

Thanks.
Because for some reason he thinks the fence is his, plus he is a nutter!

ClootiesMum

I have a feeling that this is actually a no-no in Police terms too as we asked about something similar when we were burgled & were told that we couldn't accidentally leave wood with a few small nails sticking out on our fence (& carpet gripper is not tat dfferent). So f it's your fence i would remove this ( but i think you have to offer i back to nutter neighbour)

Kinverkid

Your right, It clearly says on the police website that they do not recommend this sort of thing due to the change of being sued, even by someone who try to break in!

ValHaller

Kinverkid wrote: »

Your right, It clearly says on the police website that they do not recommend this sort of thing due to the change of being sued, even by someone who try to break in!

The police are notoriously ropey on civil law. To the point that their advice should not be taken at face value.

The reason they give for not doing it is actually valid for a householder contemplating using the tactic. But it is not helpful for OP as it does not constitute a legal route to get the gripper taken down

thegirlintheattic

If it is your fence (and you can prove it), take it down and go round to him and explain that it is your fence and you do not want it on there. Maybe comprismise and put up some higher trellises or something if he is worried about secruity.

G_M

If the fence is yours, of course you can
a) remove it (but give it back to him) AND
b) make a claim for damage to your fence (water will get into the nail holes and rot the wood)

However:

for some reason he thinks the fence is his, plus he is a nutter!

ignoring the subjective and hard-to-prove 'nutter' statement, the issue here is less about the carpet-gripper andmore about the disputed fence-ownership.

Why might he think it is his? Why do you think it is yours? Who paid for/erected it? Was it already there when you / he moved in? Are you basing your own ownership claim on the origins of the fence, or on ownership of the property boundary on which it is erected?

And finally, is it such a big deal? Big enough to want this dispute to escalate? Possibly into other areas of neighbour conflict beyond just the fence.....?

Fire_Fox

It could be to stop cats or birds perching there.

giraffe69

The last time I saw this it was to keep squirrels from using the top of the fence.
I would be very sure it was my fence before removing it as things are likely to escalate if you do.

olly300

giraffe69 wrote: »

The last time I saw this it was to keep squirrels from using the top of the fence.
I would be very sure it was my fence before removing it as things are likely to escalate if you do.

The neighbour still needs to be spoken to.

Regardless of who the fence belongs to if a burglar or someone jumping over the fence rips their hands or other injury, they are going to attempt to sue both of you.

If you are worried speaking to him then go and see if your community police can help.