Fence Dispute

strawie99

Hello. I really need some advice and hopefully someone can help.
I have lived in my property for 12 years now and about 6 years ago when there was some bad weather the fence was damaged.
My neighbour and myself assumed the it was their fence and got this fixed.
Now last year due to bad weather again the fence was damaged and it was determined by my neighbour that the fence was mine which was fine with us both.
I just replaced this a couple of weeks ago and now my neighbour has mentioned the one of the post is en crouching on a bit of their garden. I did say to him that i dont see how this is possible as i have re used the existing holes and then he said its ok dont worry but im really worried as this is the second TIME he has approached me:(
Does he have anything legal against me?
Can he force me to change this even through HE fixed it before a few years?
Could he have made my garden smaller from before?

Any help would be appreciated

G_M

If he installed the fence the first time, then clearly it was his fence! He paid for it. He erected it (or paid contractors to erect it).

What may be in doubt is who owns the boundary on which his fence (now your fence since you've put up a new one) sits.

As for the post position I'm afraid I cannot see your garden from here, nor can I see the Title Plans for either of your properties.

Do you think the post is
* on the boundary
* on his side of the boundary
* on your side of the boundary

?

strawie99

Thanks for the reply. The fence is mine as he managed to obtain documents recently to confirm this but we didnt know before.
My neighbour thinks that only one fence post which is the last one is too much on his garden boundary but i re used the same hole and the fence is straight. This is why i am confused.
He worries me as he says its ok but keeps approaching me to move it.

G_M

strawie99 wrote: »

Thanks for the reply. The fence is mine as he managed to obtain documents recently to confirm this but we didnt know before.
If he bought, paid for, and erected the fence, then, just like his car (which I asume he paid for) it belongs to him. No documents can confirm anything different. If he parks his car on your drive, it is still his car. If he erects his fence on your boundary, it is still his fence.

My neighbour thinks that only one fence post which is the last one is too much on his garden boundary but i re used the same hole and the fence is straight. This is why i am confused.
He worries me as he says its ok but keeps approaching me to move it.

OK, so the fence is in a straight line. And he accepts that most of the fence is on the boundary.

Now compare the Title Plans for your properties. Is the boundary in a straight line, or does it bend/have a wiggle at the disputed end?

strawie99

There is no wiggle and is in a straight line and the neighbour agrees with this but he has a gripe with only one post which he finds a few inchs too far on his side which funnily enough was the one he originally replaced.
I just want to know if he can do anything legally against me as i dont trust him.

Ms_Chocaholic

Don't worry about this.

It would cost ££££ if he had to take this through the formal process and for a few inches. He obviously has nothing else to worry about.

Batchy

I wouldnt worry, the boundary is pretty much dictated by what exists as the line on the title plans is so think it could be 1+ meter wide, and as long as it hasn't materially changed (used same holes) and is in a straight line... I wouldnt worry, but if he wants to move it couple of inches, then would you be standing in his way? Think about hedges used for boundaries, they are thick and grow in wonderfully weird ways sometimes.

harrys_dad

As has been mentioned before, the BOUNDARY is yours, but there is no legal requirement for you to put a fence on your boundary. As mentioned by G_M the previous fence belonged to your neighbour as he erected it, so the current fence belongs to you.

I suspect your neighbour is making a fuss over nothing, or maybe you are. It makes perfect sense to put the post in the previous hole. Just tell them that the fence is straight and you will leave it where it is. Alternatively, take it down and manage without a fence.

G_M

Just get a long bit of string. Tie one end to the post to the left of the disputed one. Tie t'other end to the post to the right of the disputed one.

Leave string in place till you see neighbour. The assess together whether the disputed post is/is not in correct place. One of you will clearly be right.

edit: if you use drawing pins to pin the string to the top of the posts (and assuming all posts are the same height) the string should pass over the disputed post, thus avoiding arguemnts about which side of the post it should be made to pass!

Mojisola

strawie99 wrote: »

There is no wiggle and is in a straight line and the neighbour agrees with this but he has a gripe with only one post which he finds a few inchs too far on his side which funnily enough was the one he originally replaced.
I just want to know if he can do anything legally against me as i dont trust him.

If it's a case of "inches", there's nothing he can legally do. It would be considered "de minimis" - "the law does not concern itself with trifles."

strawie99

Thanks for all your help. I feel more confident to deal with any more problems if it arises. :beer:
He is just being difficult.