Fence Dispute - Apparent Criminal Damage

AaronCurtis91

bouicca21 said:

So who actually owns the ‘damaged’ fence?  Presumably it was there before the neighbours moved in 2 years ago, so if OP’s parents claimed ownership of the fence, there is no way they could prove any different.   And if OP’s parents own the fence they can put brackets on it,

It is a joint owned fence and was the only one there when the neighbours moved in, until the neighbours put one in on the side 

Niv

AaronCurtis91 said:

bouicca21 said:

So who actually owns the ‘damaged’ fence?  Presumably it was there before the neighbours moved in 2 years ago, so if OP’s parents claimed ownership of the fence, there is no way they could prove any different.   And if OP’s parents own the fence they can put brackets on it,

It is a joint owned fence and was the only one there when the neighbours moved in, until the neighbours put one in on the side 

Sounds like your dad has put the neighbours nose out of joint by installing a second fence and then annoyed them by affixing brackets to the old fence instead of to the new fence they installed. 

AaronCurtis91

princeofpounds said:

AaronCurtis91 said:

Will any legal team take this seriously? What should my parents do? They have recently sold their house and seems like the neighbour is deliberately taking legal action to ruin their sale. My parents are elderly and any advice on whether they need to take this seriously would be appreciated. Again this is because of 4 tiny holes made by screws on a fence. 

No, no legal team will take this seriously. And certainly the police and the courts will not take it seriously. Unfortunately, it falls into a bit of a grey area between a valid civil dispute and harassment by the neighbour, so dealing with it is not clear-cut.

However, it has serious implications for the sale if it needs to be declared (and it probably does, although if selling is crucial due to age part of me is tempted to say allow the sale to proceed and deal with any claims afterwards).

Do your parents have legal protection on their house insurance? Have they exchanged contracts? Do you have any idea what the neighbour actually wants to achieve by interfering with the sale?

Also, you may wish to open a thread at gardenlaw forums who are a little bit more oriented to the legal disputes side of things. 

Hello. They have not currently exchanged contracts. I have no idea what he wishes to achieve.

He never told my parents what the problem was. Then they guessed and removed the only thing that he could be referring to. Apparently the removal of the brackets has caused damage and has not resolved the issue. Which is 5 screw holes (not 4). Do I ask him how he wants it to be resolved? 

moneysavinghero

Niv said:

AaronCurtis91 said:

bouicca21 said:

So who actually owns the ‘damaged’ fence?  Presumably it was there before the neighbours moved in 2 years ago, so if OP’s parents claimed ownership of the fence, there is no way they could prove any different.   And if OP’s parents own the fence they can put brackets on it,

It is a joint owned fence and was the only one there when the neighbours moved in, until the neighbours put one in on the side 

Sounds like your dad has put the neighbours nose out of joint by installing a second fence and then annoyed them by affixing brackets to the old fence instead of to the new fence they installed. 

I read it that it was the neighbour that had installed a second fence not the op's dad.

SpiderLegs

AaronCurtis91 said:

eddddy said:

Ideally, you want to diffuse the situation - perhaps using 'psychology' rather than anything more formal - so it doesn't escalate into a more serious dispute.

For example, even though your parents appear to have done nothing wrong...

...you (rather than your parents) could pop round to see the neighbours and ask if your 'daft old dad' has done something wrong, and if he has, you're sorry and what can you do to put it right? And maybe give them your contact details, for discussing any further concerns. 

Maybe giving them the opportunity to vent their anger at you, and you sympathising with them, will satisfy them.

And afterwards, if appropriate, I guess you could explain to your parents there was just a small misunderstanding which you have resolved. So that, to the best of their knowledge, there was no dispute.

Unfortunately the neighbour will not communicate in person and will only do it by email.

Would it be appropriate for me to respond to his emails?

The only appropriate response is for your parents to reply that any further email correspondence will be blocked and not read. 

Skiddaw1

moneysavinghero said:

Niv said:

AaronCurtis91 said:

bouicca21 said:

So who actually owns the ‘damaged’ fence?  Presumably it was there before the neighbours moved in 2 years ago, so if OP’s parents claimed ownership of the fence, there is no way they could prove any different.   And if OP’s parents own the fence they can put brackets on it,

It is a joint owned fence and was the only one there when the neighbours moved in, until the neighbours put one in on the side 

Sounds like your dad has put the neighbours nose out of joint by installing a second fence and then annoyed them by affixing brackets to the old fence instead of to the new fence they installed. 

I read it that it was the neighbour that had installed a second fence not the op's dad.

Yes me too.

Neighbour sounds cuckoo to me. I'd do as @SpiderLegs suggested.

AaronCurtis91

I’ve emailed politely on my parents behalf asking how the problem has not been resolved and that if it is due to 5 screw holes on a jointly owned fence. How to ‘satisfactory conclude’ the problem. 

I hope it was the right thing to do. If a logical solution is not suggested by him then I will do as advised and block any further emails and ask him to not harass my parents 

Skiddaw1

Good call @AaronCurtis91 . Do keep us posted on what happens...

Niv

moneysavinghero said:

Niv said:

AaronCurtis91 said:

bouicca21 said:

So who actually owns the ‘damaged’ fence?  Presumably it was there before the neighbours moved in 2 years ago, so if OP’s parents claimed ownership of the fence, there is no way they could prove any different.   And if OP’s parents own the fence they can put brackets on it,

It is a joint owned fence and was the only one there when the neighbours moved in, until the neighbours put one in on the side 

Sounds like your dad has put the neighbours nose out of joint by installing a second fence and then annoyed them by affixing brackets to the old fence instead of to the new fence they installed. 

I read it that it was the neighbour that had installed a second fence not the op's dad.

Ahh yes, my mistake. Neighbour is nuts. 

NameUnavailable

It's not clear who owns the fence (who paid for it in the first place?). If the neighbour has erected their own fence that would suggest to me that they don't beleive that they own the original fence, otherwise why wouldn't they just replace it? There must be a reason for their new fence - taller/different material/style they prefer etc.?

Ultimately though it sounds like a case of a nutter next door who's best ignored.