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Help: Have Neighbours Illegally Installed a Fence at Our House?

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Comments

  • swingaloo
    swingaloo Posts: 3,690 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    There is no way on earth I would find that acceptable with or without a gate. Was there no conversation about a fence prior to you returning home and finding it there?

    Looking at the photos it appears there is a similar fence next a few doors down from you. Is that the same situation?

    I would be trying to get them to remove the fence in a nice non confrontational way but if all else failed I would start going in and out of my house via the back door constantly walking past their window till they see sense.
  • Adamc
    Adamc Posts: 467 Forumite
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    AdrianC wrote: »



    What does the shared path give access to at the back? Has that been blocked?

    One of two gates to our garden. Access to this has been blocked

    If not, then a gate in that fence would be the easiest solution, since you have no right of access over their path forward of where your front path joins the shared access.

    The shared path give access to one of two gates to our garden and one of the 4 sides of the detached property. Access to this has been blocked
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    Adamc wrote: »
    Access to this has been blocked
    ONLY by that front fence? Would a gate there fully restore access?
  • Adamc
    Adamc Posts: 467 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Simby wrote: »
    Is the fence on your property or attached to your property?

    If it is actually on your property then you should ask the neighbours to take it down or move it to their property.

    It's partially on and is fixed to (via screws drilled into the front of our brickwork).

    You do not have to ask the housing association for permission for your neighbours, however your neighbours may need permission to put a fence up.

    The housing association cannot tell you to remove your neighbours fence but they can tell your neighbours to remove it

    I feel that if there is no record of who installed it then they may assume it is us in years to come and therefore find us responsible for it
  • Adamc
    Adamc Posts: 467 Forumite
    Part of the Furniture 100 Posts Name Dropper
    AdrianC wrote: »
    ONLY by that front fence? Would a gate there fully restore access?

    A gate would restore access.
  • Adamc
    Adamc Posts: 467 Forumite
    Part of the Furniture 100 Posts Name Dropper
    swingaloo wrote: »
    There is no way on earth I would find that acceptable with or without a gate. Was there no conversation about a fence prior to you returning home and finding it there?

    Looking at the photos it appears there is a similar fence next a few doors down from you. Is that the same situation?

    I would be trying to get them to remove the fence in a nice non confrontational way but if all else failed I would start going in and out of my house via the back door constantly walking past their window till they see sense.

    Yes they have also installed a matching fence partitioning their garden from their neighbours on the other side (however these do not have a shared pathway between them)
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 3 November 2019 at 11:36AM
    Adamc wrote: »
    It was there when we got home from work and they said they were going to contact the installer to come and ask us what could be done to rectify the situation such as put a gate there. The next day they had changed their minds and said that they would be unwilling to take the fence down.
    They told the installer a gate was needed, the installer told them they would fit a gate but they would have to pay extra, they're not willing to pay more so decided the fence could stay.


    Ask them to compare the cost of good neighbour relationships and installing a gate and the cost of solicitors and then installing a gate.


    Does the path lead to your rear garden? If this is not resolved its possible they will fit a gate between the properties further restricting your access.
  • Adamc
    Adamc Posts: 467 Forumite
    Part of the Furniture 100 Posts Name Dropper
    They told the installer a gate was needed, the installer told them they would fit a gate but they would have to pay extra, they're not willing to pay more so decided the fence could stay.

    Not to sure what passed between them?


    Ask them to compare the cost of good neighbour relationships and installing a gate and the cost of solicitors and then installing a gate.

    Indeed but the maintenance of this fence and housing company's take on it is a bit of an issue. They could have installed it around the common area but this would have been more costly, more fiddly and would have reduced the surface area/footprint of the garden on their side of the fence. ALSO they would be responsible for maintaining it in the future.

    Does the path lead to your rear garden?

    Yes the path leads to our rear garden via a gate at the back
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Are you an owner-occupier or a Housing Association tenant?
    What do the deeds to your property say?
    What do the deeds toyour neighbour's property say?
    It is 'shared access', but who owns the land?
    What do the Housing Association rules say?
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Who are the "housing company" and exactly who installed the fence? Is the property privately owned?
This discussion has been closed.
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