Replaced garden fence - in exactly the same place, but neighbour thinks not

ryand75

We have had a rental property for some years and one of the fences has been in a fairly poor state of repair for some time.  The recent bout of bad weather, has been the final straw for the fence, meaning several of the panels came down completely. 

We therefore had several fencing contractors over to quote and last weekend the successful contractor came over and replaced the whole lot, fence posts and all, and we were pretty happy with the job done.

The problem we have is that our neighbour now claims that the new fence is in their garden/on their land - despite the fencing contractor putting the new fence posts in exactly the same position they've always been in.  We believe the new fence has been put in exactly the same position as the old one.

(As an aside we also have raised flower beds (wooden troughs) down that side of the garden and they are also right up against the new fence, with no new gap, where they have always been).

The neighbour insists the position is wrong and won't have it any other way. 

Am not sure what how we can move forward - the case seems 'cut and dried' to me/us, but the neighbours are convinced to the contrary.

Any suggestions how we might be able to resolve the issue - would be gratefully received.

akira181

Any old photos of the garden that show the old fence hard against the raised flower beds?  Could show the neighbour them and tell him he's welcome to look at the flower beds to see if they've been moved.

Also, are you sure the new fence posts are the same thickness?  If they're thicker and hard against your flower beds, then it would be marginally over

ryand75

Good idea - I do have a photo of the garden (although not focussing on the fencing) from the original inventory for the house (nearly 6 years ago), which could help and I thought fence posts were a fairly standard size - but that's another possibility.  Thanks.

EssexExile

Some people just like to complain.. I wonder what would happen if you ignored them.

ryand75

The poor fencing guys really got it in the neck.  Not only did they replace our fence in the most miserable weather, but then got it in ear from the neighbours, who were also up in arms about 4 (I think) fencing screws being attached to their wall, that they then had to remove.

ElephantBoy57

ryand75 said:

The problem we have is that our neighbour now claims that the new fence is in their garden/on their land - despite the fencing contractor putting the new fence posts in exactly the same position they've always been in.  We believe the new fence has been put in exactly the same position as the old one.

You haven't seen it yourself then? You need to ask someone that can actually view then fence, better still look yourself.

pollyanna_26

ryand75 said:

The poor fencing guys really got it in the neck.  Not only did they replace our fence in the most miserable weather, but then got it in ear from the neighbours, who were also up in arms about 4 (I think) fencing screws being attached to their wall, that they then had to remove.

As previously posted fence posts are often thicker nowadays. I replaced mine when I was having thicker panels installed some years ago as we're right on the coast and the wind roars in from the Irish Sea.

I have a neighbour with a driveway next to mine and he has been a complainer about anything he could think of including a leaf falling from a tree in Autumn onto his drive. I just walk away without comment nowadays.

The only possible thing your neighbout could complain about is fencing screws being attached to their wall without their agreement. I have a garage at the side of the house and came home one day to find someone drilling through my garage side wall and pushing long bolts through. Neighbour was having trellis added to his side fence and the workman was working from a ladder next door with an heavy duty drill and very thick drill bits..I lost my temper and stormed next door but no offer was made to make good the damage.

The 2ft high trellis added to a 7ft fence proved to be a bonus though. Apart from the fact he seems to need to climb a tall ladder on sunny days to survey the area ( we call him neighbourhood watch) I don't have to tolerate his nosyness all the year round.

polly.

Jono111

Perhaps he owned the old fence and it had been erected on his side of the boundary.
Your fencing contractors seem well dodgy, can you imagine finding some arbitrary person drilling holes in your house.

ryand75

I should add that the fencing contractor knocked first to seek permission from the neighbour for the fence screws and only afterwards did they change their mind and ask for them to be removed.

We've also previously repaired/replaced parts of the fence (without comment or complaint from them) over the years.

We've not seen the fence 'in the flesh' yet, only photos - but am getting down there as soon as we can (this week). 

We were hoping a trip down there wouldn't be necessary - using a local, long standing and reputable firm to simply replace a fence 'like for like'.

Davesnave

ryand75 said:

We've not seen the fence 'in the flesh' yet, only photos - but am getting down there as soon as we can (this week). 

I would hold fire till you do then. It will be easier showing the neighbour the things you have told us here and discussing the matter calmly, assuming the contractor has acted correctly.

You hold all the cards. Even if the posts were 100mm instead of 75mm the neighbour would not have a case, since the boundary is not determinable to that level of accuracy in the real world from anyone's title plan. The fence also exists and they're benefiting; you could mark the boundary with something like a few road pins and some string if you wanted to.There is probably no enforceable obligation for you to put up a fence. Besides, if they are still moaning, you live at a distance from them!

tacpot12

Mediation might help in this case.