Neighbors taking out our fence - tomorrow

getmore4less

Also which way is the run off if not permeable?

Currently if it is in your direction there is a nice bush sucking up the water which is getting removed.

Helvetica_Van_Buren

Guest101 wrote: »

Yes a fence belongs to the person who paid for it, put it up, carved the wood themselves. Regardless of who's boundary it is to maintain

Guest101 - I often see your comments on this forum and the advice you give is, quite frankly awful. It matters not who paid for the fence, what colour it is or what year it was put up. All that matters is it's NOT owned by the neighbour wanting to remove it - what don't you get about that?

moneyistooshorttomention

AnotherJoe wrote: »

No it doesn't and indeed he isnt taking down the fence when she is away. He's doing it a week before she goes.

Indeed the odds are quite high that when a neighbour is doing work you will be away. Probably 1 in 12 at worst and closer to that when you consider that they may well match up on holiday periods.

Re the fence itself - thats one thing.

The question is "When does he plan to do the tarmacing?"

HelenRachel

Hello all,

Thank you for your lovely helpful comments they have given me a lot of very good information and advice. Said letter was delivered yesterday and it did the trick as the neighbor actually then made the effort to discuss with me fully what I wanted to happen rather than just informing me of what was going to happen. I'm confident that the neighbor had no intention of leaving our fence intact and that as far as he was concerned our whole fence was coming down and we would be paying for the replacement. We have now agreed that he may carefully remove the fence and replace it along the same fence line and we have agreed to make a small contribution to the replacement of the fence (probably less that what we would have paid for materials when we eventually replaced it). He is also responsible for the removal of the rubbish and putting the fence back up etc. I'm still a bit worried about the plants but I'm going to move as many as possible tonight before it gets dark after work!

I'd rather this work wasn't been done at the moment but in all honesty i just want a quiet life!! Hes said that the fence etc will be replaced on saturday so before we actually go on holiday now which is good as I can make sure that the fence goes back in the right place (I think it was just a coincidence that it was being done at a similar time as he didn't know we were going on holiday).

Thank you for pointing out about the run off from the tarmac I will be speaking to him about making sure it runs off the back of his property where there are a large number of trees to soak it up!

Helvetica_Van_Buren

HelenRachel wrote: »

Hello all,

Thank you for your lovely helpful comments they have given me a lot of very good information and advice. Said letter was delivered yesterday and it did the trick as the neighbor actually then made the effort to discuss with me fully what I wanted to happen rather than just informing me of what was going to happen. I'm confident that the neighbor had no intention of leaving our fence intact and that as far as he was concerned our whole fence was coming down and we would be paying for the replacement. We have now agreed that he may carefully remove the fence and replace it along the same fence line and we have agreed to make a small contribution to the replacement of the fence (probably less that what we would have paid for materials when we eventually replaced it). He is also responsible for the removal of the rubbish and putting the fence back up etc. I'm still a bit worried about the plants but I'm going to move as many as possible tonight before it gets dark after work!

I'd rather this work wasn't been done at the moment but in all honesty i just want a quiet life!! Hes said that the fence etc will be replaced on saturday so before we actually go on holiday now which is good as I can make sure that the fence goes back in the right place (I think it was just a coincidence that it was being done at a similar time as he didn't know we were going on holiday).

Thank you for pointing out about the run off from the tarmac I will be speaking to him about making sure it runs off the back of his property where there are a large number of trees to soak it up!

I'm glad you appear to have got it resolved with your neighbour.

fezster

HelenRachel wrote: »

I'd rather this work wasn't been done at the moment but in all honesty i just want a quiet life!! Hes said that the fence etc will be replaced on saturday so before we actually go on holiday now which is good as I can make sure that the fence goes back in the right place (I think it was just a coincidence that it was being done at a similar time as he didn't know we were going on holiday).

I hope it works out as you expect, but be prepared for some disappointment regarding what he actually does, and don't let it ruin your holiday. IME, when a neighbour is begrudgingly paying for anything they feel they shouldn't be, the quality of the workmanship is likely to reflect that. The other issue is that as you are not having the work done yourself (but rather contributing towards it's cost), you have little comeback on how that work is carried out, other than through your neighbour (who is likely to be more annoyed if he's had to pay for some of that work, when not expecting to, and now having to hear you complain about it).

My advice would have been as others have said above. The fence is yours, and you will replace it in your own good time, and not pressured into something a few days before going on holiday.

(Or I could be wrong, and he does a wonderful job, and saved you some money in the process).

AdrianC

HelenRachel wrote: »

I'd rather this work wasn't been done at the moment

You say he's a builder, and he's got some leftover tarmac from another job?

So he's doing some tarmac elsewhere, and - to save on costs when he does his - he's over-ordering, and will then use that here. Makes a lot of financial sense from his p-o-v, even if it is unfortunate timing from yours. There's really not a great deal of knock-on to you, apart from the fact that your existing fence is on its last legs and won't survive the prep work. If your fence was in good order, this would be a total non-issue.

EmmyLou30

The tarmac should be no-where near touching the actual fence or posts, good building practice is to leave a gravel strip between the tarmac/block paving/slabs and any fence so the fence won't have water sat up against it rotting it. This also means in future you can replace a fence without damaging the tarmac!

He will now need planning permission to lay an impermeable surface greater than 5m2 without making provision for the surface water to drain into a soakaway. It is not allowed to drain into the storm drains or sewers, you have to deal with the water on your own property to stop flooding issues.....this applies even if your current drive laid 20 years ago was twice that size and you're just replacing like for like (yes, crazy and feels a bit wrong and you aren't making a situation any worse but there you go, rules are rules). Chances are most drive exceed that area and I'm sure his does, so unless he's using permeable tarmac he could be forced to rip it all up if you report him to the council. Not that I'd recommend that if you want to have a good relationship with him!

Hopefully he does the drive nicely, not right up to this new fence and your plants survive ok.

HelenRachel

AdrianC wrote: »

If your fence was in good order, this would be a total non-issue.

This is very true!

loveka

You need to write a letter stating that the notice period he has given is unreasonable and there for unenforceable.

If he removes your fence without your permission it would be criminal damage. If he comes on your land to do it it is trespass.

Obviously better to try an amicable discussion first though.

Read the land registry practice guide on fences, it is very clear on the law on fences.

I have just been in your situation and have ended up losing a whole garden border, including 16 year old roses. Hopefully your neighbour is not a psychopath as mine is and will listen to sense. Good luck.