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

davidmcn

What do your title deeds say generally about installing/maintaining fences?

Rosieandjim

I think I would be more inclined to find the reason for putting the fence up. Are they trying to prevent a dog from getting out or children running onto or out of their property etc etc


From this it would be easier to justify why. There must be more to this than you have stated. Blocking someone's right of access on a whim does not add up.

Adamc

G_M wrote: »

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?

We are owners of the property. As it is a new build there are some shared areas and facilities which mean we pay a maintenance charge every month for upkeep. Both deeds must say that the pathway is shared access. We haven't seen their deeds so the other questions will have to be looked at by the development company

Adamc

Norman_Castle wrote: »

Who are the "housing company" and exactly who installed the fence? Is the property privately owned?

Both properties privately owned on a new build development by Keepmoat.

Our neighbours installed the fence while we were at work Friday.

Adamc

Rosieandjim wrote: »

I think I would be more inclined to find the reason for putting the fence up. Are they trying to prevent a dog from getting out or children running onto or out of their property etc etc


From this it would be easier to justify why. There must be more to this than you have stated. Blocking someone's right of access on a whim does not add up.

Not sure of their reasoning but to do so without consultation and agreement is usually not acceptable. We have neither pets nor small children.

Also, we are actually planning on selling within the next 12-18 months so this is a real headache

Adamc

Rosieandjim wrote: »

I think I would be more inclined to find the reason for putting the fence up. Are they trying to prevent a dog from getting out or children running onto or out of their property etc etc


From this it would be easier to justify why. There must be more to this than you have stated. Blocking someone's right of access on a whim does not add up.

Not sure of their reasoning but to do so without consultation and agreement is usually not acceptable.

[Deleted User]

I wonder if trying to sell, and exploring with the buyers the effect of having a neighbours fence bolted to one of your walls might be difficult, its your wall not theirs. As they are being rather intransigent, its a difficult one. That's besides the problems accessing the shared pathway.

One of the reasons we keep saying on here, shared pathways and driveways are a potential nightmare.

Hasbeen

Walk out your door down your steps then along to their shared steps. Up past their window having a good look in and continue down the shared pathway to your back garden. Perhaps to start with a dozen or so times each evening and ramping up at weekends.

Problem solved? Perhaps having a consultation with lawyer for advice re access and damage to your property may help as well?

tom9980

Adamc wrote: »

Not sure of their reasoning but to do so without consultation and agreement is usually not acceptable. We have neither pets nor small children.

Also, we are actually planning on selling within the next 12-18 months so this is a real headache

If i was presented with this I wouldn't buy with or without a gate. The new fence should have ceased just before it got to the path.

Looking at the pictures it won't take much to remove the fence panel, gravel board and post attached to your home(just the bit over the path). I would remove them carefully and place them on their front lawn. I would not yet go the legal route unless they attempted to restore the fence.

If they offer to install a gate instead REFUSE and that is non negotiable.

Rural_Puppy

Crikey! I think you are being remarkably calm about this! I would be livid if my neighbours had behaved in this way.
That said, calm is definitely the way to go!
As others have said, check the deeds of both properties, in particular what each says about rights of access to the shared pathway.
Bear in mind that if you are intending to sell, then neighbour disputes need to be disclosed to potential buyers.
Do you have legal protection cover with your house insurance? A call to them to find out the legal position may be helpful. But if followed up with a formal solicitor's letter, you are getting potentially into "neighbour dispute" territory, so double check that aspect.
Assuming that the deeds say what you think they do about the shared access, then I think the bottom line here, is that you (or your solicitors) need to advise the neighbours, calmly and politely, that they either remove the fence that they have erected on your wall without your permission and fully restore the access, or you will do it and will send them the bill for the work.