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

Norman_Castle

http://www.boundary-problems.co.uk/boundary-problems/priv-r-o-w.html


http://www.boundary-problems.co.uk/boundary-problems/easements.html


I would start by removing the fixings to your house.


If they do agree on a gate make sure they understand it needs to be the full width of the access. Agreeing on this before installing it will be easier than changing it after a fencer has done whatever suits them.

You shouldn't have to but would you be willing to pay to install a gate, this may be a simpler option if you are planning to sell and you will have control over the work.

pinkteapot

:eek: :eek: :eek:

Just watched your video, OP. I'd be fuming!

The awful thing is you're extremely limited in what you can do if you want to sell. Any dispute with the neighbour will have to be declared when selling (on the Property Information Form), so if you have to get a solicitor involved to change what they've done then it's very likely to deter buyers if those neighbours are still living there at that

Agree with the poster above that if you're thinking of selling, you might have to bite the bullet and pay for the gate yourself. [EDIT: Have changed my mind after reading below the fence is on OP's land! I thought it was on the boundary]

Horrible neighbours!

(The petty part of me would just lift out the fence panel and step through when I needed to pass through, leaving the panel propped up loose on their side... But that'd only make things worse I suspect).

pinkteapot

deannatrois wrote: »

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

Emphasis on potential - this is a pretty extreme case of what can go wrong!

parkrunner

They have damaged your property which requires a full repair or compensation. They have said that the fence is staying, if that's their final say then I'd be going legal now without any more discussion with the neighbour. Even if their deeds say something different to yours the damage is not allowed.

Skiddaw1

I think Parkrunner is right. It sounds as though you've tried to resolve it as amicably as possible under the circs (and I too would be absolutely furious!) and it's time to make it formal now. Leaving all else aside, if you are intending to sell in the not too distant future, you're probably better advised to sort this out on a formal basis rather than compromise on a gentleman's agreement even if neighbours were prepared to play ball.


Outrageous behaviour!!

Sibbers123

Build a fence exactly like they have done whilst they are at work/on holiday, on their property and see how they like it... Probably not the most sensible course of action however.

Get solicitors involved, you will probably find a strongly worded letter from a legal professional will do the trick. If you are planning on selling, I wouldn't worry to much about the future relationship with your neighbours, just keep on the right side of the law.

markin

Clearly its on your land, just remove it and place on their land, if they say any thing send them a bill to repair the brick work, and the hr it takes to remove the fence.

Smodlet

Surely, drilling into someone else's property without their permission is criminal damage, isn't it? I'd be livid.

When the property adjoining ours was undergoing roof repairs, it turned out one of our roof tiles required replacement. The workmen asked our permission to extend the repair to the gutter/fascia/whatever on to our property and offered to repair our broken tile for free (if we bought the tile) It meant they could do a better job on the property they had been commissioned to repair and would save them some labour; something about not having to chop something off and fill in the join, don't ask me.

They were not even the property owners, just his tradesmen. This is the level of consideration and respect I would expect from (and would extend to) anyone, most of all the owner of the adjacent property. Your neighbours should be ashamed of themselves.

Good luck, AdamC and please let us know what happens; it might help somebody else.

AdrianC

Is the property freehold...? If it's leasehold, then the wall that's been drilled into is not necessarily owned by the OP...

Adamc

AdrianC wrote: »

Is the property freehold...? If it's leasehold, then the wall that's been drilled into is not necessarily owned by the OP...

It is freehold