Fence issue with aggressive neighbours

tom9980

I have dealt with this same situation on a council estate, the lady next door was frosty by nature so knew it was best to be civil with her and her family who were more thoughtless than malicious, it's wise to pick your battles.

I think it's likely your fence was on its last legs too a decent fence wouldn't succumb to a mattress. In my case the posts were rotting and panels were old and fell in high wind, bikes were lent against the fence without thought and in high winds it collapsed breaking 4 or 5 posts permanently.

I spoke to the neighbour told them I was replacing the posts and most of the panels so the garden looked nicer for us both, I also asked for permission to step on to their property to erect the fence and secure it, they agreed to this. Doing this improved relations nothing was left against the fence and no panels have fallen in recent years.

I think you need to accept that while the neighbour was in the wrong how you handled the situation has made things much worse, especially using the solicitor card. The only thing you can now do is replace the fence and diffuse the situation from developing further.

tea_lover

You massively overreacted.

Also, why does your cat have his own house??

Guest101

goldlemontree wrote: »

Hello, I'm not sure if this is the right forum but I couldn't find anything else fitting!

I am having some trouble with my neighbours and would really love some advice as it has been getting me down a lot quite frankly.

I bought a house in September and have only started decorating/ working on it now since the weather has been better. My neighbour leant some mattresses against two fence panels and damaged them irreparably. I took some pictures while they were leant against it in case I had to prove this.

I went over and spoke to her son who took my number and I asked him to tell his parents to call me at their convenience to discuss it. I've never met them before as I haven't really lived in the house since I bought it, so have only seen a few of the neighbours every now and then really.

They didn't get in touch for a few weeks, and in that time the fence completely toppled so there is a massive gap in my garden leading into theirs. They didn't come over or even acknowledge that this had happened.

I went over again, the lady who opened the door was hostile from the very start I could tell. This made me a little nervous I guess so I might have come across as accusatory. I said I had spoken to her son a few weeks ago because they had been leaning some things against the fence which had broken it. She said "they weren't leaning on the fence", to which I replied that they were and that I had pictures in case things were to get difficult. To this she became immediately aggressive and said she couldn't believe that I was there talking to her about the fence when she was clearly busy with clearing rubbish (I didn't see how this was relevant, I also had no idea of this anyway since I haven't really been living there). I said I didn't wanna fall out over a fence, but I didn't want to pay for it either. She said she didn't have time for it along with some other things and slammed the door in my face.

I knocked on the door again and she opened it and started yelling "GET THE !!!! OFF MY YARD" and getting quite physically intimidating. She also told me to stop parking in another neighbours space (Again, I don't see how this was relevant, and I don't think I have since I'm only there about 10 mins a day to feed the cat!). I said she would be hearing from my solicitor and she said fine and continued to swear at me to go away.

I left her a note saying I wanted her to reconsider as court would be a waste of both of our time. She sent one back saying that the fence was already that way before I moved in and has steadily been getting worse, and also that she didn't like my approach towards her and for also not introducing myself as a neighbour (I hardly think this was the rudest thing that happened during our exchange). She also said the cost of fence panel isn't worth going to court so it would never get there, I feel that this is true...She also wrote that she would be happy to have a "responsible chat" about it when she is ready. I don't think she is capable of this and I don't really want to deal with her again, but judging by the way her garden looks I have no idea when she will be 'ready' to talk about it if at all.

Would really like some advice about my options please if anyone has any idea! I live alone so feel worried everytime I pop home that I'll bump into her and also if I take things further, but really want that fence fixed! I looked in my deeds, and it doesn't specify which side of fence is my responsibility but the sellers wrote in a questionnaire I wrote them that they 'maintained' the fence on the right (which is the one that is damaged now). I don't know if the neighbour was telling the truth and the fence actually was in bad condition, but regardless, it was absolutely fine before they leant mattresses etc on it and broke it!

If anything you are the problem here.


Is it your fence? If so, deal with the matter as any other civil dispute, dont go round and refuse to leave!


And if not, then you have no claim. Put up your own fence on your land.


Doesn't matter who is responsible for maintaining the boundary (this is so often an issue!) whoever put up the fence, and subsequent owners, own the fence.


It's physical property with a physical owner

Stevie_Palimo

If the mattress's were placed on a panel alone when dry and then got wet through several days of rain they would have became heavier and this could be the reason for the panel collapsing, I would say that they would have to have been only on the panel itself and not leaning on a actual post.

Rain and mattress's = very increased weight. It is only cheap to replace one panel and for the sake of keeping the peace here you would be better off sorting it out and then trying to either ignore the neighbour or speak again down the line with a view to make the peace.

goldlemontree

To the people saying I was in the wrong...I don't see how going over and wanting to discuss the massive hole in my garden was the wrong move since she clearly wasn't going to come round to discuss it first! It's just unfortunate that that happened to be the first conversation I had with her..i really don't see how else I was going to go about it! I had spoken to her sons before and introduced myself but rarely saw the mother (though I could always hear her screaming down the phone at someone through my walls on several occasions).

The mattresses/bed frames etc were leaning on the panels and not the posts, and it had been raining for a while so it makes sense that they got heavier etc. (Thank you to user who bought this up).

I think however, I will need to replace the fence myself as I doubt she will ever be 'ready' to do this. Their garden looks like a waste ground and it has a camping chair in the middle of the rubble where I assume the woman sits to catch some sun - definitely not about to have a chat about it, definitely not willing to take any responsibility, definitely not going to split the costs. So yes, to keep the peace and save my eyes from seeing her overgrown garden through the massive gap in my fence, this is what I'll need to do. It's a shame people get bullied into taking responsibility for things they didn't do because other people just don't have the decency to help!

Keep_pedalling

Whatever the rights and wrongs of this, I would get a sturdy new fence put up, one using concrete posts and close board panels would be ideal.

TBagpuss

I think you are on a non-starter here. Even if it were worth whikle to go to court (and compeltely ruin your chances of ever having a civil relationship with your nieghbour) you would struggle to show that they were responsible for the damage.
They would asy that the fence was in poor condition and had been deteriorating for some time (which is entirely plausible, they don't last forever) Even with the added weight of a wet mattress I would not expect a normal fence in good condition to give way, so that chances of convicning a court that your neighbours had been negligent or deliberate caused any harm would be slim to none.

I'd suggest that you focus on rebuilding relationships - don't forget that you have to declare actual or likely disputes when you sell, and that a bad neighbour can be hell to live with. Your neighbour's note abotu a reasonable discussion suggests that she may have simply lost her temper, just as you did. A note back saying that you were clely both stressed, that you hope that you will be able to get on better in the future, and that you plan to replace / repair the fence would be the way to go.

Another time, I'd recommend introducing yourself to the neighbours when you move in andtrying to establish freindly relationships. You've nothing to lose and eveything to gain.

Guest101

goldlemontree wrote: »

To the people saying I was in the wrong...I don't see how going over and wanting to discuss the massive hole in my garden was the wrong move since she clearly wasn't going to come round to discuss it first! - How do you know, you don't even seem to live there. She might've come round before a few times, you weren't there. she was then busy. It's not for you to decide if her task is important enough to justify not speaking to you, on her property. I'd of told to you foxtrot off too. It's just unfortunate that that happened to be the first conversation I had with her.. because you didnt bother to introduce yourself before this incident. i really don't see how else I was going to go about it! - Friendly, tea and cake perhaps? I had spoken to her sons before and introduced myself but rarely saw the mother (though I could always hear her screaming down the phone at someone through my walls on several occasions). - Oh I see. So you pre judged her.

The mattresses/bed frames etc were leaning on the panels and not the posts, and it had been raining for a while so it makes sense that they got heavier etc. (Thank you to user who bought this up). - If it's her fence she can do as she likes, including take the whole fence down.

I think however, I will need to replace the fence myself as I doubt she will ever be 'ready' to do this. - Just put up your own fence and be done with it. Their garden looks like a waste ground and it has a camping chair in the middle of the rubble where I assume the woman sits to catch some sun - definitely not about to have a chat about it, definitely not willing to take any responsibility, definitely not going to split the costs. - Nor does she have to. So yes, to keep the peace and save my eyes from seeing her overgrown garden through the massive gap in my fence, this is what I'll need to do. It's a shame people get bullied into taking responsibility for things they didn't do because other people just don't have the decency to help!

You want a fence, put it up. She doesn't owe you anything (except at best the value of an old rotten fence panel)

goldlemontree

The first thing she said to me was that there was nothing leaning on the fence...she definitely hadn't come round before, and wasn't going to. And I could tell they're not tea and cake people (unless the cake is laced with marijuana which is the smell constantly coming from their open windows). Obviously you would have dealt with this much better than I would've, I'm sure you would have been far more understanding and very happy to accept that she doesn't have to pay for the fence if she doesn't want to.

Guest101

goldlemontree wrote: »

The first thing she said to me was that there was nothing leaning on the fence...she definitely hadn't come round before, and wasn't going to. And I could tell they're not tea and cake people (unless the cake is laced with marijuana which is the smell constantly coming from their open windows). Obviously you would have dealt with this much better than I would've, I'm sure you would have been far more understanding and very happy to accept that she doesn't have to pay for the fence if she doesn't want to.

1: You still haven't established who's fence it is. So this discussion over payment is largely irrelevant. I understand the law and how it works. Even if she damaged the fence she doesn't owe you a new fence panel. Just the value of the fence when it was damaged. Which is what £5 ?


2: Everyone loves tea and cake.


3: I think I would've dealt with it in a manner which would not result in a post on the forum complaining about how bad my neighbours are.