Fence post dispute

addis123

Hi all

We've just had our driveway and back garden done. We have a 5ft fence with our neighbour between back garden and side of house. We decided to have a gate put put on at the side of our house. At the entrance to our garden. We've gone for a 6ft wooden gate and fence for added security and privacy. Now this means that the end fence post of our shared fence with neighbour has been took out and replaced with a new one but is a foot higher than the rest, to accommodate our gate and fence panel. Now our neighbour has been round complaining he's not happy with the new post as it looks out of place and that we should of asked him first. We get on very well with our neighbours and I have known them for a while so I don't want to be falling out with anyone. I apologised and said we should have asked but I didn't think it would be a problem for you. He said it is and he's really not happy about it. Personally I don't think it looks out of place and feel he's being a bit picky but as I said we all get on and I don't want to be falling out but I have a funny feeling he may try to take it further. Also the lads who have been doing the job have damaged some concrete fence slabs on the shared fence when doing the work and drove over his driveway with their digger and cracked some of his flags. I told them about this and they admitted it and agreed to sort it no problem and spoke to my neighbour about it. The boss of this company though has told me and the Mrs that our neighbour on one occasion came out and gave his lads a load of grief and had a right go at them so they won't be repairing any damage for them now (words to that effect anyway) I've told my neighbour this and he's now saying I'm responsible for the damage and I need to sort it so these lads come back. The jist of it is am I responsible for the damage caused and should I be expecting any legal problems because of the higher fence post.

Thanks in advance

Davesnave

Confusing post about a post!

Your builder is the one who is responsible for the damage to your neighbour's property, which is why he will have third party insurance. (He does, doesn't he?)

It sounds as if he may now deny that his workers did the damage, in which case you are piggy-in-the-middle and will have to decide whether to back your neighbour up.

Ultimately, you will have to live next door to your neighbour, not your builder, and if you ever want to sell you really don't want an unresolved dispute to declare.

As for the fence, it depends who paid for it, which you haven't made clear.

Obviously, the post you've just put in belongs to you, but if the rest of the fence belongs to your neighbour and you altered it without consultation, you were a naughty boy.

If the fence is yours, then the neighbour cannot interfere with any changes to it, provided it's below 2 metres in height.

If it's a 'shared fence' erected by persons unknown, then again, you ought to have consulted with your neighbour.

addis123

It was a confusing post about a post very true. I'd just woken up had two kids jumping on my back so was trying to get it all down as fast as possible. I've a feeling the builder is using the argument as an excuse and I guess I would have to side with my neighbour. As for the fence I'm not sure who paid for it. Whether it was put in when my parents bought the house and they shared the cost or it was already in I don't know, I'll ask them and see what they say. Should have asked them I admit but as I say they are good neighbours and we get on and the last thing I want is to fall out so I just want to smooth things over with them really but I feel he may try to be awkward about it even though I apologised for not consulting with them, even more so now the builders aren't going to repair the damage which he will blame me for. It would be a shame to loose good neighbours/ friends over something so trivial.

Norman_Castle

addis123 wrote: »

I told them about this and they admitted it and agreed to sort it no problem and spoke to my neighbour about it. The boss of this company though has told me and the Mrs that our neighbour on one occasion came out and gave his lads a load of grief and had a right go at them so they won't be repairing any damage for them now (words to that effect anyway) I've told my neighbour this and he's now saying I'm responsible for the damage and I need to sort it so these lads come back.

I'm not sure if you're legally responsible but you should be taking responsibility for getting the builders to return and repair their damage. Your neighbour didn't choose to have this work done and presumably would prefer to have had nothing to do with the builders but you invited them there. Apologise for your neighbours annoyance and ask them to put right their damage. If they continue to be difficult help your neighbour claim the cost of repairs from them.

Davesnave

addis123 wrote: »

It would be a shame to loose good neighbours/ friends over something so trivial.

This is the key point I was driving at, but the decision was yours.

Norman's advice above gets my vote.

The builders will very likely do the repairs themselves, rather than use insurance. It will be up to your neighbour to ensure it's done properly though.