Fence problem

kellye14

Hi our builder has started the rear extension project in our house and the next door neighbour has been complaining about everything. from hrs of work, noise,dust, still trying to stop us building an extension despite we have already obtain permission from the council.

Yesterday our builder removed one of their fence as the builder said the fence is on our land so we have the right to remove it and the neighbour was out all day so the builder cannot notify them. He removed the fence so that we can build one of our extension wall and he will put it back when the wall is finished.

Of course when the negioubour came home they were horrify about one of their fence has been removed and claim they can not use their gas fire to cook ( which we still have no idea why) and fighten us this act is criminal damage and if we don't fix it ASAP,they will take legal action.

I would like to know today we go to our building site and if the fence is indeed on our land, do I have the right to remove it without their permission?

Thanks in advance.

keystone

1. You really shouldn't use an input device that uses autocorrect. "Leaflets action" - LoL

2. If its on your land and it is your fence of course you can remove it without asking their permission.

The "and" is important as I get the impression you think it might be their fence. Well if it is and its on your land there is an incident of trespass to answer. Let the fun begin.

Seriously though sort it out, get on friendly terms and give them the opportunity to get on friendly terms as well. The grief that's obviously building up over this ain't worth it and the situation needs defusing.

Cheers

cyclonebri1

I find it unbelievable that you are committed/well into this project without defining where the boundary lies and who owns the fence.
You must sort this straight away so as to know your rights.

Of course it is possible that they can put a fence up on your boundary, but it must be on there side of the line. If it is on yours you don't need permission to remove it, even if permanent.

That's the hard line, and it should never get to "blows".

How much communication have you had with the neighbour prior to the start of the build?, omitting to explain and keep informed really does wind some people up, and sets everything off on the wrong tack.

Of course they may just be dam awkward sods who want to *itch about everything in which case make sure you are in the right;);)

kellye14

Thanks it is their fence indeed.

If it is trespass, what action can I take? The fence is there since 2007.

We have inform them about our plan and offered a party wall agreement but they refused to sign and they keep saying they won't sign it as they did not like the size of our extension. (Which is only 1m further than theirs and they want ours to be the exact same size to theirs) We started our work 1 1/2 months after we gave them the party wall agreement.

We kept them inform until she starts complaining so many things and went to our side to stop our building building the extension.

She emailed us daily to tell us we haven't considered their feeling.

cyclonebri1

kellye14 wrote: »

Thanks it is their fence indeed.

If it is trespass, what action can I take? The fence is there since 2007.

I don't think you get the message, to spell it out, don't escalate the situation, forget the fence until it goes back up, but on their side.

Hope I've phrased that without offence,,,,,oh dear:o:o

kellye14

I am not trying to make the situration worse. I just want to know what my right is incase we can't solve it.

I am bring a box of chocolate over so hopefully we can talk things out today.

Our project manager has already had an argument with her and because she wasn't listening at all so our pm walked out yesterday.

cyclonebri1

kellye14 wrote: »

I am not trying to make the situration worse. I just want to know what my right is incase we can't solve it.

I am bring a box of chocolate over so hopefully we can talk things out today.

Our project manager has already had an argument with her and because she wasn't listening at all so our pm walked out yesterday.

I'm not for a minute suggesting you would do that intentionally, just trying to prevent you doing it inadvertently, some folks kick off over so little.
Chocs could be the best few quid you spend on the project;);), along with a reassurance that everything will be reinstated correctly.

Mojisola

kellye14 wrote: »

Of course when the negioubour came home they were horrify about one of their fence has been removed and claim they can not use their gas fire to cook ( which we still have no idea why) and fighten us this act is criminal damage and if we don't fix it ASAP,they will take legal action.

How does taking the fence down stop them using their gas fire?

keystone

kellye14 wrote: »

Thanks it is their fence indeed.

If it is trespass, what action can I take? The fence is there since 2007.

You use it's existence as a negotiating tool but you'd better be absolutely certain that it is on your land.

they did not like the size of our extension. (Which is only 1m further than theirs and they want ours to be the exact same size to theirs)

Now I'm starting to lose any sympathy I might have for the neighbour. Tough. On what grounds do they want this?

We kept them inform until she starts complaining so many things and went to our side to stop our building building the extension.

Thats starting to sound like harassment.

She emailed us daily to tell us we haven't considered their feeling.

Wut? Daft old bat. If this is the case then conciliatory gestures are not going to get you anywhere. Put the fence back up. Tell the builder to carry on with what he has to do but leave the fence alone Block her email address. Don't give them any true grounds for complaint. Ignore the crazy and irrrelevant stuff coming out of next door and get on with your life.

Cheers

kellye14

Just came back from the neighbour. The post of the fence was on our side and it was stopping the builders to build the extension so our PM has to remove it. Otherwise we ill end up with a smaller extension.

We diid have a chat with the neigbour. The neighbour was nice all through and said things are under control now until they say to us 'oh by the way we have instructed a party wall surveyer and you will receieve their letter next week..."

We have served the notice 1 1/2 months ago and they have not bother to respond to us and our builder has already built the foundation for the rear extension and also started working on the loft too. Do I still required to have an agreement drawn up?

The gas fire turned out to be they cook outdoor as they don't like the cooking smell to stay inside the house so they have a gas fire next to the fence which has been removed and without the fence they feel too expose to cook in front of the builders.

cyclonebri1

Mojisola wrote: »

How does taking the fence down stop them using their gas fire?

The flue exits from the extension wall that this new extension abuts??

That is a problem if thats the case, but if it is, it should not have been up to the boundary anyway.

I am of course surmising, can't think of any other reason.:eek::eek: