My fence posts and panels removed.

janbeno

My elderly neighbour has recently been put in a nursing home. Her bungalow and garden was in a dreadful state. Brambles and bindweed up to the height of our 6 foot fence and continued down the side of her property next to ours.The neighbour across the road who helped her out has somehow got her estate/solicitors to release money to get the property sale worthy. Brambles cut, grass laid, new windows, doors and soffits plus work inside.

My problem is there's only about 2.5 feet between our two properties and her boundary comes to about 12 inches next to mine. The previous owner of our property who I knew very well had a fence erected on our property [it's totally on our property, it is in line with our front wall entirely on our side], because she knew that it would be easy enough to just take those few inches and incorporate them into their property.

As we don't have access to the side and when we put a new fence up along the main part of the garden, again on our property we took the wrecked panels out and left the posts and base panels to obviously denote the boundary.

We went away last week and when we returned the fence posts had been smashed of to the ground and the base panels removed. bark chippings and flags had been placed along the passageway.

I asked the builders why they had done it and they said, nothing to do with them and wouldn't talk to me. Our neighbour across the road said that we were away and as it was a party fence and looked a mess they'd removed it.  I pointed out it wan't a party fence but he ignored me and walked away.

I went over and talked to his wife explaining it wasn't a party fence it was entirely owned by us and anyway if it was a party fence they still shouldn't have removed it without our permission. I asked her to replace the posts and base panels. This was Saturday, they said she'd talk to her husband and get back to us.

Any suggestions where to go from here?

Thanks in advance for any input

FreeBear

Get some fencing stakes (or pins), push them in to the ground at regular intervals where the boundary should be. Then either attach some wire netting or string/rope between the stakes. Anything will do for the short term just to mark out the boundary, and gives you time to decide what to do in the long term.

If you have any photos showing the exact location of the original fence line, dig them out and put in a safe place. You might need them if a neighbour starts to stamp their feet.

Do you have legal protection on your household insurance ?

TripleH

Under what capacity was this good samaritan operating?

It sounds like the work was deliberately timed for when you were away.

I personally would be furious and complaints of tresspas and criminal damage would be whirling around.

Freebear's suggestion is the sensible way to go however.

If you know who is managing your neighbour's affairs, I'd drop them a note expressing your concern at the lack of consultation. Whilst a nice tidy garden is a good thing for selling a house, a miffed off neighbour is not.

tacpot12

The best solution would seem to be to get the neighbour that is in the nursing home to pay for a party fence to be installed. There needs to be a clear boundary, and as her representative has removed a fence that might have serves to mark what was your property. 

I would definitely talk to your legal helpline, assuming you have Legal Expenses coer as part of your Home Insurance. I would suggest that you use the possiblity of registiering a formal complaint against the neighbour (which will potentially devalue the house) to ensure that things are put right. 

janbeno

Thank you all for your replies. The neighbour I haven't a clue what home she's in. The neighbour across the road visits her and knows but I doubt he'd give me her whereabouts.

I am going to have another word as the wife said she's get back to us. I also had a thought about the house sale. The TA6 needs to be completed now, he's not sold or bought a house in decades he may be unaware of the section regarding disputes?

Would I be within my rights to ask for the solicitor and estate agents names that will be dealing with the sale?

twopenny

I've never heard of a neighbour able to arrange so much at such expense. 
However Bendys idea is the best first step. Replace boundary markers and id present the proof of ownership with the bill to the neighbour. It won't be received well but c'est la vie. 
You may want to mention that if it isn't resolved it will count as a neighbour dispute for the sale. It's not likely to put a reasonable buyer off but it will alert them to the fact you will be replacing the fence on the correct boundary as shown in the deeds.

janbeno

twopenny said:

I've never heard of a neighbour able to arrange so much at such expense. 
However Bendys idea is the best first step. Replace boundary markers and id present the proof of ownership with the bill to the neighbour. It won't be received well but c'est la vie. 
You may want to mention that if it isn't resolved it will count as a neighbour dispute for the sale. It's not likely to put a reasonable buyer off but it will alert them to the fact you will be replacing the fence on the correct boundary as shown in the deeds.

I was told by another neighbour that an advocate had been appointed and funds from the elderly neighbours account had been allocated for the work .I presume our neighbour as he had the keys was appointed to oversee the work, he may even be the advocate for all I know?

I don't want to have to go to the expensive of replacing the fence posts and panels myself. I haven't the funds. I could of course try and get some markers in place but as I said I cannot get onto the property the small gate is locked and the neighbour has the key.

Bendy_House

Lol, 2'penny! One mention of LP, and you assume it was from me

On that note, Janbeno, DO you have LP? If so, call them up for guidance.

This house, is the intention to sell it? If so, their reps have shot themselves in the foot, as a declared boundary dispute WILL, almost certainly, make it difficult. So, if this is the case, then make it clear to the neighb across the road.

Calm, pleasant, but matter-of-fact, "I like what you've had done to the garden, but you do understand, don't you, that there is now an issue that MUST be resolved or else you will struggle to sell the place?"

Explain that the boundary is not in the correct place, and that this MUST be sorted out without delay, or else you will NEED to make it an issue. YOU have no intention of starting life with a new neighbour having a dispute. And, because you are telling them this, it MUST now be declared - there is simply no getting away with it.

What's along the boundary now? Have they actually put up a new fence, or is it simply the case that YOUR fence still stands, and what they have done is 'only' to remove the old 'marker' posts, and made it part of their garden? If the latter, then I have to say you have been a bit of a twit. Ok, it's still technically 'your' land, but - man - what a grey area to introduce! What an indication that you didn't care about this strip!

Can I ask why your new fence didn't go up exactly on the boundary, or even 'just' on your side of it, ie with the edge of your posts touching that boundary line?

If that boundary is 'your' responsibility, and even if it isn't, then you should be looking to move your fence to the correct position. What a start for a new homeowner, to find a strip of land along the boundary fence that looks like theirs, but they mustn't touch it! Dearie me.

koalakoala

Exactly what I was thinking Bendy

janbeno

What's along the boundary now? Have they actually put up a new fence, or is it simply the case that YOUR fence still stands, and what they have done is 'only' to remove the old 'marker' posts, and made it part of their garden? If the latter, then I have to say you have been a bit of a twit. Ok, it's still technically 'your' land, but - man - what a grey area to introduce! What an indication that you didn't care about this strip!

Can I ask why your new fence didn't go up exactly on the boundary, or even 'just' on your side of it, ie with the edge of your posts touching that boundary line?

If that boundary is 'your' responsibility, and even if it isn't, then you should be looking to move your fence to the correct position. What a start for a new homeowner, to find a strip of land along the boundary fence that looks like theirs, but they mustn't touch it! Dearie me.

In answer to your first question, no unfortunately we don't have LP. In reply to the rest.


 The fence posts and base panels are not part of the neighbours garden it is a narrow slip of land between our two properties. The posts were smashed to the ground and the base panels removed whilst we were on holiday. The concrete posts were fully on our land , the line runs from our front wall fully on our side with no part encroaching on her side.along the side of our bungalow right to the end of our garden. 

Regardless of whether there were any fence panels between the posts the demarcation is there and from what I've read  no matter  how a fence looks it could be falling apart , which ours wasn't he still had no right to demolish it?

If he had approached us and asked if we would consider putting fence panels in to make it look nicer we may have been able to come to an agreement. 

The reason we think he took them out was to give more width to the alleyway.

Apodemus

I think you need to by-pass the neighbour across the road and warn the solicitors (acting for the old lady) that agents working on their (the solicitors) behalf have encroached and damaged your property.