My new neighbour has taken down my garden fence

2woodward2

I have new neighbours (6 months) who I have only spoken to once when I introduced myself to them. First I want to explain that because of ill health over the years I have let my back garden overgrow and also have been out of work so unable to pay anyone to do this.
Today I have noticed that they have taken down my 18 foot long garden fence and cut away grass/bushes about 3 foot into my garden. They are now trying to put up whole red and blue coloured industrial pallets which look awful. I have videoed them inside my garden doing this. I own my house outright and luckily have been able to look at my house deeds which state that the fence belongs to me. I do not know the people doing this as its not actually my new neighbours but I suspect it is part of their family as I recognise one of them from a garden party they had.
I don't want to cause any problems and start a neighbour dispute but this is totally out of order as nobody has asked my permission.
Should I call the police as this is obvious property damage and trespassing. Please advise.

paddy's_mum

Trespass is a civil offence so on that basis, I dont think the Police will be interested.

Commonsense dictates that no criminal damage has occurred if what they have cut down is a load of overgrown junk - clearly not a valuable garden plant nor a crop.

In your shoes, I'd be having a quiet and polite word and ask them not to come onto your land without your knowledge or consent. However, also smile and tell them you appreciate your jungle is affecting their outlook and enjoyment of their own garden and that offers of help to keep it under control would be welcomed.

Bear in mind too that if you cant afford to employ an occasional pair of helping hands, you sure as hell wont be able to afford a boundary dispute.

Calling the Police is cracking a nut with a sledgehammer in my opinion. Good luck in speaking nicely and sorting it out amicably.

ka7e

Commonsense dictates that no criminal damage has occurred if what they have cut down is a load of overgrown junk - clearly not a valuable garden plant nor a crop.

But the fence belonged to OP and they have no right to remove it or replace it with another fence. They are only entitled to erect a fence on their side of the boundary if they"don't like" the original one.


OP, you are quite within your rights to politely ask them to re-instate your fence, you really should have challenged them when the work started rather than just videoing it.

PasturesNew

I was sitting minding my own business when, out of the corner of my eye, I saw my fence being taken down... I rushed out and said "Oi, that's mine." It was a developer, he said "we do this on all new developments, start by replacing all the boundary fences". I said "Well, fair enough BUT nobody asked, it's my fence, so I've been taken by surprise".

For me, I saw this as a bit of a bonus because there were some bits further along that I'd have needed to erect in any case + there were some floppy and missing bits at the front that were on the list to sort out .... and, they did replace the entire length of the fencing, in its entirety, where the border had been (well, give or take 3-4" here and there, but I'd not quibble about that).

If they'd been taking down my fence to move it by 3' I'd have been out there staging a sit in!

lindens

to many people it is not clear, and they dont know how to find out, which fence is their s and which is their neighbours.
if it was mine i would have done what pasturesnew did and run straight outside at the first sign of activity
since you didnt. just ask them now - what are they doing with your fence, as paddys mum put it so well.

markin

Are they renters or owners?


The house deeds do not state that the fence belongs to you, just that you are responsible for that boundary, You only own it if you paid for it or the previous owner of your house did. If you don't know who put it up, how do you know that next door didn't put it up before you moved in and they told the new owner that.

kazwookie

Do they know it is not their fence?

Get out there and talk to them about it.

Ant555

2woodward2 wrote: »

have been able to look at my house deeds which state that the fence belongs to me.

I am not saying the other people are in the right with what they are doing but are you sure your deeds mention that this specific fence is yours?

Who originally paid for the fence that has now been removed and as you mention 18 foot, is it 3 panels long with concrete posts?

2woodward2

Thank you to all the replies. I have just gone around to speak to the 3 neighbours workers. They are family members and only one could speak partial English. They put me through to one of the neighbours who is at work and she said that she was told that the fence belonged to her. They own the property and I told her to look at the deeds. She said that the red and blue industrial pallets were going to be a permanent fixture. I underestimated as the fence that has been removed is about 24+ feet long, which means about 7 to 8 awful pallets being put up. I have arranged to speak to both owners tonight at 6pm to try to sort this out.

FreeBear

2woodward2 wrote: »

She said that the red and blue industrial pallets were going to be a permanent fixture.

They will only last a year or two once in contact with soil, so not that permanent. They would be better off putting concrete posts, concrete gravel boards, and good quality fence panels - All installed on their side of the boundary of course.

paddy's_mum

2woodward2 wrote: »

First I want to explain that because of ill health over the years I have let my back garden overgrow and also have been out of work so unable to pay anyone to do this.

So, Mr Woodward, was your fence in sound and decent condition or was it in the last stages of decay, as was your jungle of a garden by your own admission?

If these neighbours are 'foreigners', perhaps they did not understand the niceties of English law and just wanted to mark the boundary?

That still doesn't give them any right to just walk onto someone else's land and lay about them with a sickle but it does perhaps make their conduct more a mistake than a deliberate attempt to antagonise you. Perhaps they are people of a tidy nature and thought they were 'helping' you.

I am pleased to hear that you intend to have a conversation with them this evening. I hope, too, that a sensible resolution can be found where everyone is happy.

I don't dispute that trespass has occurred - I am just warning you of the high cost of getting into a war of words, hurt feelings, anger and a formal dispute.

Good luck.