Fence line query

Davesnave

I wouldn't consider 150mm of land in itself worth fighting about, but I'd not like the idea of my 18 month old fence being dismantled to effect such a small change. It may not survive the process particularly well.

The obviousnesss of this consideration calls into question whether you are dealing with reasonable people here.

Were the posts secured with concrete? Can you be sure that the quality of the re-erection will be as it was for the original install? What will you do if the neighbour's new fence goes in and you are just left with a pile of panels and posts?

I think you do need the advice you are seeking and a prior agreement, in writing, if you decide to allow the re-alignment. "Wavering" fences, like the one you describe, are common and not necessarily intentional.

At present you are in a strong position to leave the fence where it is, which is what most people would do.

moneyistooshorttomention

I'm now wondering why the two requests were put separately by the sound of it:
First - can we move it
Later - can we change it

As it sounds like it is in the correct place (ie not on their land at all) for a substantial part of its length/doesnt need replacing/only varies by literally a few inches from where it should be and was that way when they bought the house
= a conclusion of wondering whether there is a third thing they have in mind and havent yet told you (eg they want a dead straight line absolutely accurately placed all along for the purposes of something else)?? They may be playing "softly softly catchee monkey" aka first request was "thin end of the wedge".

In your position - I'd tell them that their two requests should have "come as a parcel" and been made to you at the same time and you had been prepared to agree to request 1. But, with a second subsequent request put in, then you won't be agreeing to the "package request" as it now is.

Take photos.

You could soften this by telling them that you know some people positively loathe concrete (yep....I know that - because I'm one of them). So tell them you're willing to "split the difference" so to say and allow them to put up greenery attached along that bit of the fence that is in their garden (and may be being generous - allow them to do so all along). That will hide what us concrete-haters perceive as eyesore territory that needs removing or hiding.

Bristolminimad

I have taken pictures of the fence as it is now, and also spoken to the builder who has been given the job of moving the fence.

Even he can't understand why the owner is so fussed over 4.2 sqft of land in total along a 60foot fence.

The builder has said he will not do any work until he has it in writing and both ourselves and the owners are in agreement. The owner has now vanished so we have to wait until he resurfaces to find out where we go from here.

Aylesbury_Duck

Bristolminimad wrote: »

Even he can't understand why the owner is so fussed over 4.2 sqft of land in total along a 60foot fence.

I think moneyistooshorttomention is onto something and perhaps your neighbour has a future project in mind that requires the reinstatement of the original boundary. Some planning permissions require various distances from boundaries and the marginal change you are describing might be the difference between them being able to pursue a future plan or not. Even if it is not a major project such as an extension or conservatory, it might be putting a shed there, laying a certain size/shape patio or things like that. That 4.2 sq ft of land might be needed.

Or, it could just be that as new neighbours, they are asserting themselves and wanting everything set straight so there can be no misunderstandings in future. Don't fall out over it.

Norman_Castle

Has the builder told you how much this is costing? Has the "more attractive" fence been chosen based on appearance or cost?

I would avoid moving the fence especially as they will be in control as they are paying. It sounds like they are getting hung up on the legalities of boundaries rather than being realistic about what sounds like an expensive and pointless exercise.

moneyistooshorttomention

Well yes...it is true that distance might prove crucial in the case of some houses. Without seeing plans and measurements for these particular houses it's not possible to tell if that is coming into it.

eg maybe something like a fixed distance of 25 metres (or whatever) between a new overlooking window and next door neighbour (ie OP's) property and that odd few inches between something being allowable by the Council for next door neighbour and it just falling short by something infinitesmal (like 2").

But I do think they have something or other in mind sometime - other than just hiding concrete garden posts (which some of us would want hidden or replaced - so as not to have to look at them). They may not be concrete-haters - in which case it is puzzling on the face of it for the sake of such a small sliver of land.

rach_k

If it's only a matter of inches in what sounds like a decent size garden, have you suggested to them that they could simply attach their bamboo screening or whatever it is to your fence (as long as they do it properly without causing damage)? If it is actually on their land, I suppose they are allowed to want you to move it back, but if they're paying for the work AND paying for the new fence with new posts, wouldn't they prefer just to attach it to yours and save on all the disruption and costs? Unless your fence is particularly hideous, I don't see how their screening attached to it would look much different to just their own fence. If they say no to that, then you could start being suspicious about their other plans.

Bristolminimad

I spoke to the builder when I got home yesterday afternoon, and he had told the owner that if he wants to take the concrete posts out, they will break and need to be replaced, 11xposts at £62 per post, plus the labour, add into that materials for re-setting the posts back to the same standard that they are, and I also pointed out that as the builder will be moving it, will he take over the warrenty that was put onto the fencing when it was installed.

The neighbour is insisting that the fence is moved, and the builder has quoted him £1k to carry out the work, but he told him that it is a suitable fence that is in place and he will only move it to where a surveyor says is the boundry, which the neighbour will have to pay for too.

Also the builder (who is pretty helpful and decent) has suggested to the neighbour if he is that bothered by the fence, to put up their own inside the garden.

A grand total of £ £2650 to carry out what the neighbour wants, or £631 per square foot gained.

We will see where it goes from here, but to me that is an awful lot of expense for not much gain.

Davesnave

Bristolminimad wrote: »

I spoke to the builder when I got home yesterday afternoon, and he had told the owner that if he wants to take the concrete posts out, they will break and need to be replaced...

A good builder would be wary of undoing someone else's carefully-done work to no great advantage, especially if there's a guarantee in place.

One hears of this sort of thing when overpaid celebrities are involved, or occasionally, when a purchase has included a particularly 'individual' kitchen or bathroom....but a slightly mis-aligned fence!

If a surveyor is used to determine where the boundary, is and that fence line is historic, going back well over 20 years, then it may have become the boundary.

Aylesbury_Duck

Bristolminimad wrote: »

I spoke to the builder when I got home yesterday afternoon, and he had told the owner that if he wants to take the concrete posts out, they will break and need to be replaced, 11xposts at £62 per post, plus the labour, add into that materials for re-setting the posts back to the same standard that they are, and I also pointed out that as the builder will be moving it, will he take over the warrenty that was put onto the fencing when it was installed.

The neighbour is insisting that the fence is moved, and the builder has quoted him £1k to carry out the work, but he told him that it is a suitable fence that is in place and he will only move it to where a surveyor says is the boundry, which the neighbour will have to pay for too.

Also the builder (who is pretty helpful and decent) has suggested to the neighbour if he is that bothered by the fence, to put up their own inside the garden.

A grand total of £ £2650 to carry out what the neighbour wants, or £631 per square foot gained.

We will see where it goes from here, but to me that is an awful lot of expense for not much gain.

It does seem so on the face of it, which makes me think there's more to this and that they have a particularly good reason for wanting the fence moved to what they believe is the correct boundary.

If a surveyor determines that your fence is on their land, it might be you that is having to pay £1,000 to have it moved.