Boundary dispute with neighbour

sirromjp

Norman_Castle wrote: »

If there is still evidence on their side of the fence of its previous position also take pictures of this.

I do have one or two photos but again, not sure they’re conclusive.

Do you have any contact with the previous owners? They may have photographs of the garden.

It was rented previously. I do see her occasionally and have mentioned it but not keen to get involved.

sirromjp

DoaM wrote: »

If the position of (part of) the fence has moved by up to a metre then wouldn't that amount of deviation be clear from the LR entry? (I know it can be accurate to ±12" roughly, but a metre is 3 times that).

Exactly my point and one of the reasons I’m certain it’s moved. During our one and only discussion I measured my garden left to right from to bottom where fence corners, at their request I might add, it is exactly 1m less at the corner than the bottom end. They both went very quiet and looked at each other. That’s when they got a bit aggressive. Two of them and only one of me. A week later she told me her dad was coming round to join in the discussion. Assisted by a solicitor friend, I sent a polite note declining the meeting (didn’t fancy 3 against 1) and asking them to move the fence back. They came banging on my door. I was alone and didn’t open it. Then I got a nasty letter posted through with false acusations of harassment (we had one conversation!) telling me not to communicate unless through legal channels etc etc. Yes I’ll be glad to see the back of them but I’d also like my 1m of garden back.

If I do take it legal and win, I was wondering would they have to move the fence and pay my legal costs?

sirromjp

moneyistooshorttomention wrote: »

Have you started with the obvious first step? - ie go to your neighbour and say words to the effect of "I guess you hadn't really realised - but your workmen havent put your new fence in quite the right position. Formerly I could see 'so and so' from my kitchen window, but now I can only see 'such and such'. I'm afraid they're going to need to move it back to normal position".

Or have you already tried this and got a shirty response? or there's been "history" with this neighbour and you know they'd respond badly?

If there's no "history" with this neighbour - then I'd think the first thing you need to do (if only to look like "A Reasonable Person" in anyone else's eyes - eg a court) would be to point out the discrepancy and ask for it to be put right in a "reasonable manner" iyswim. Then start "going firmer" if you have to...but you can state you tried "sweet reason" to start with.

No history. They moved in 2 years ago. And yes I have tried the polite approach to no avail.

sgun

It is likely that if it has been moved then there will be evidence of this showing on the ground on the other side. Grass tends to grow longer at fences as people don't strim as often as they mow. This is then a lighter colour when it is finally cut. Or there might be a gap in a patio edge or something similar. Personally if it were me I would be keeping an eye open for when they go out, hop over the fence and have a look and photograph it (have a lookout friend in case they come back). They will call you out on trespass but no-one cares about that and the police will really not be interested.

Davesnave

....Or there are ladders.


A surveyor once valued some land I had by standing on a ladder and taking photos over the 1.8m fence. He did this for someone else and they'd not asked my permission to enter the site.

AndyTails

Davesnave wrote: »

....Or there are ladders.


A surveyor once valued some land I had by standing on a ladder and taking photos over the 1.8m fence. He did this for someone else and they'd not asked my permission to enter the site.

Or most people, including their arms, can get a camera higher than a 2m fence to take photos straight downwards at what's on the other side.

moneyistooshorttomention

Good thinking re the photos - and I'd be willing to bet ladders will be necessary - as I have a feeling is a lone woman (probably small stature) and hence these neighbours trying to intimidate them.

I'd be willing to lay bets the neighbours wouldn't be acting quite like this if OP were a big burly man:cool:

sirromjp

sgun wrote: »

It is likely that if it has been moved then there will be evidence of this showing on the ground on the other side. Grass tends to grow longer at fences as people don't strim as often as they mow. This is then a lighter colour when it is finally cut. Or there might be a gap in a patio edge or something similar. Personally if it were me I would be keeping an eye open for when they go out, hop over the fence and have a look and photograph it (have a lookout friend in case they come back). They will call you out on trespass but no-one cares about that and the police will really not be interested.

I did take photos back then of markings etc. and they then introduced a gully/border of decorative stones next to their side of the fence....covering tracks. Initially they said there was a pipe in the way so had to fence post around it. I pointed out that if the posts went in the same place, which they said the did, then they wouldn’t have had to do that. One of a few contradictions. I also asked why they put the post my side instead of theirs. Or at the very least call me to discuss. I guess she thought that her buying the fence and her boyfriend installing it entitled them to put it where they wanted....whilst I was out at work.

sirromjp

moneyistooshorttomention wrote: »

Good thinking re the photos - and I'd be willing to bet ladders will be necessary - as I have a feeling is a lone woman (probably small stature) and hence these neighbours trying to intimidate them.

I'd be willing to lay bets the neighbours wouldn't be acting quite like this if OP were a big burly man:cool:

You win both bets :T

Grezz24

You need to take it further, if you are not willing to remove the fence as suggested (or get someone else to) then you need to seek legal advice about what your next steps are.

You need to resolve this before the new buyers take over IMO.