Help dealing with a nasty neighbour and boundary issue

MXW

Hi everyone I hope you can help.

There is a small wall running between my house and my next door neighbours house. On my side of the wall, in my garden I have a fence, which is attached to the wall (on my side with brackets). During the recent storms, two fence panels have blown down, which leaves both our properties wide open with no privacy. My friends brother offered to put the fence up for me as a favour (I am a single mum and would not know how to start or be able to afford to pay a professional to do it). Prior to the fence blowing down, it was up for 18 years with no problems at all, and since blowing down the wall has not been damaged in any way, it was the posts that had snapped.

I was horrified to find out that my next door neighbour had verbally abused my friends brother shouting at him and telling him that he could take off the brackets that were already on the wall and that under no circumstances is he to put brackets on the wall, which means that I am unable to put the fence up at all. I am guessing that she is saying that the wall belongs to her.

I have had a look at the deeds, and find them very unclear. Although there is a T on her side of the boundary (which apparently means that you are responsible for that boundary) the red line showing the actual boundary appears to run along the wall which could possibly mean a joint boundary?

The deeds say "at all times hereafter to maintain repair and renew the fence or other boundary structure or side or sides of the property marked T within the boundary of the said plan.

Does that mean that she owns the boundary and I cannot drill the wall, even on my side of the fence? Or just that it is their responsibility to maintain it?

My other neighbours are adamant that, the wall belongs to me and are looking out their details, but i'm not so sure.

She is just being vindictive to make my life harder. The fence benefits both of us, and i'm the one footing the bill. She reported an elderly neighbour with parkinsons a couple of months ago, saying he wasn't fit to drive. He had to re-apply for his licence, and fortunately got it renewed for another three years. But you can see the kind of person she is!


I just don't know what to do now. I have bought all the panels to put up, and according to her cannot drill the wall, which means I can't put them up.

I would be very grateful for any help or advice, i just don't know which way to go.

ps Should I just go ahead and put them up?

Many thanks

Valli

A small boy and a football will soon solve this. She'll be BEGGING for the fence to be reinstated.

Have YOU actually spoken to her and told her you will reinstate the fence at no cost to her?

MXW

Valli wrote: »

A small boy and a football will soon solve this. She'll be BEGGING for the fence to be reinstated.

Have YOU actually spoken to her and told her you will reinstate the fence at no cost to her?

Yes, all the fence panels and posts are in the garden waiting to be put up.

cddc

Have an equally annoying neighbor, and been in this exact situation in the past.

It is her fence and wall and she should be repairing it. You are effectively offering to to do what she should be doing and she is not letting you! What she probably wants you to do is put the fence up inside your side of the boundary, thereby effectively gaining space and not paying to do any work. So she is not being stupid but extremely crafty.

I know you want the fence back but if that is her attitude let her repair her own fence herself. As valli says a few footballs though her windows might act as a hint she should sort it out.

Prothet_of_Doom

Wait until they are out, put fence back exactly as per before the storm. Find photo's of pre-storm garden, (perhaps a summer family BBQ), and if you get any formal paperwork, respond by sending a copy of the photo's, and a short written response, saying that you do not expect to be harrassed in this way again, and if you are you will contact the police.
I guess they'll come on here, demanding to know what they can now you've done it.

Mark_Mark

Prothet_of_Doom wrote: »

Wait until they are out, put fence back exactly as per before the storm. Find photo's of pre-storm garden, (perhaps a summer family BBQ), and if you get any formal paperwork, respond by sending a copy of the photo's, and a short written response, saying that you do not expect to be harrassed in this way again, and if you are you will contact the police.
I guess they'll come on here, demanding to know what they can now you've done it.

That's a bit drastic.

So what are the legalities of attaching something to someone's else's wall? They've already made the op aware they don't want it done.

pimento

What does she want? Have you asked her? Is she happy to have no fence and just the small wall?

If you really want a fence, you could always erect it inside the wall by a couple of inches. it will mean putting some posts in but might be worth it to take the wind out of her sails.

Prothet_of_Doom

Mark_Mark wrote: »

That's a bit drastic.

So what are the legalities of attaching something to someone's else's wall? They've already made the op aware they don't want it done.

The fence was already attached to the wall, and had been for years, my bit about the police was a bit tounge in cheek, but basically you need something that says to the neighbour back off and think about what you are asking for

Mark_Mark

Prothet_of_Doom wrote: »

The fence was already attached to the wall, and had been for years, my bit about the police was a bit tounge in cheek, but basically you need something that says to the neighbour back off and think about what you are asking for

And the neighbour has made it clear they don't want another attaching, so I'll ask you again what right have they got to reinstate the fence?

stebiz

I agree with Prophet of Doom. From what you say it is her responsibility to maintain it. That doesn't mean that you can't paint it, lean things against it, put a bracket on it. In fact once you have done it then she would have to trespass to remove it.

themull1

Re do the fence just in front of the wall - it will look nice on your side, and rubbish on her side.!