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

G_M

Do not agree to a gate. That is not a satisfactory solution.
Do not accept the presence of the fence.

Obviously an amicable agreement is best but that seems unlikely. So if tea and cake does not work, then a formal letter.

The letter should point out that

* your right of access has been obstructed
* damage has been done to your property by the fixings
* the fence has been erected on land owned by (I'm unclear - you? the housing association? Who actually owns that land?)

The letter should then insist that the fence is removed within a period of, say, 7 days, and all damage meade good.

Finally it should say that if the fence is not removed within that period
* you will arrange for it to be removed yourself
* you will leave their fence on their front garden, unless they request some other arrangement in writing (eg disposal)
* you will arrange for the damage to be made good
* you will pass them your contractor's invoice for the above work which you will expect to be paid within 7 days.

Finally, make a last attempt to deal amicably by offering to meet them if they wish to discuss the matter.

(and,of course, bake a cake)

Adamc

G_M wrote: »

Do not agree to a gate. That is not a satisfactory solution.
Do not accept the presence of the fence.

Obviously an amicable agreement is best but that seems unlikely. So if tea and cake does not work, then a formal letter.

The letter should point out that

* your right of access has been obstructed
* damage has been done to your property by the fixings
* the fence has been erected on land owned by (I'm unclear - you? the housing association? Who actually owns that land?)

The letter should then insist that the fence is removed within a period of, say, 7 days, and all damage meade good.

Finally it should say that if the fence is not removed within that period
* you will arrange for it to be removed yourself
* you will leave their fence on their front garden, unless they request some other arrangement in writing (eg disposal)
* you will arrange for the damage to be made good
* you will pass them your contractor's invoice for the above work which you will expect to be paid within 7 days.

Finally, make a last attempt to deal amicably by offering to meet them if they wish to discuss the matter.

(and,of course, bake a cake)

We own it.

diggingdude

I can't believe some people are suggesting you pay for a gate. If that's the case can you buy me a new gate too??

paddyz

Who’s gate is that in the middle of the houses ?

Mickygg

Oh wow I have lost count of the number of issues with shared access.

If this was me I would be insisting the fence attached to my property is removed and threaten them with legal. They obviously aren’t willing to be respectful, polite and nice neighbours so why should you?
I would given them say 7 or 14 days to remove and make good damage to your property. In writing.

But before anything I would get legal advice. Yes it will cost, but you need to ensure whatever you do won’t blow up in your face. Take note also of GMs advice above.

Adamc

paddyz wrote: »

Who’s gate is that in the middle of the houses ?

It's shared. Behind that there is a gate to each of our back gardens.

pinkteapot

I agree with G_M's approach, but if it were me I'd pay a solicitor to write that letter as I wouldn't be 100% confident myself in what I am/aren't legally allowed to do or claim. A solicitor's letter will also carry more weight with them as they clearly don't give a s&&&.

Some years back, my mum lived at the end of a cul-de-sac in a circle of five houses where there was a narrow-ish shared drive in/out. Someone new moved in who lived along that narrow bit and kept parking a campervan half across it making access difficult. Campervans weren't allowed on the estate (covenant in the deeds, which were fairly new as the estate was only a couple of years old). After several friendly conversations made no difference, mum had a solicitor write to the people. They moved away shortly after.

babyblade41

I wouldn't be as tolerant, I would ask them what the hell do they think they were doing drilling into my house and to remove and make good ASAP

If that doesn't happen then the legal route should be next

paddyz

Adamc wrote: »

It's shared. Behind that there is a gate to each of our back gardens.

I’m guessing that was put up by the builders of the houses then, what a bloody cheek, hope it gets sorted out soon

davidmcn

Smodlet wrote: »

Surely, drilling into someone else's property without their permission is criminal damage, isn't it?

Not if there's no criminal intent it isn't. Even if it were, I doubt inviting the cops round is really going to help.