Neighbour took down our fence.

Beeboo23

So I live in a house with my partner. I solely own the house. Whilst I was out our neighbour knocked on the door and told my partner he’d taken down our fence from that actually sat in our garden?! He’s planning to put up a new fence and would like to encroach it 2 inches into our garden to give him extra space for his new hot tub? My partner said he’d have to ask me as it’s my house. 

Some points:

There’s plenty of space in his garden without taking some of ours. 

He just took down our fence and wants to put up a new one and didn’t even ask us first? It’s our fence on our side of the boundary. It was actually in our garden - and he’s already put up new fence posts again in our garden. 

He likely wouldn’t be able to even put a new fence further in without digging up all of our plants and bushes. 

I want to keep things friendly but I’m actually massively annoyed. Is this an overreaction? I don’t even know what to say. 

elsien

Absolutely not an overreaction. If you are both agreed the fence that he’s taken down was in the the right place then if he wants any of your land he needs to offer to buy it from you.
You of course are free to say no. He shouldn’t be touching your fence without asking you first. 

Jonboy_1984

I would write a short polite letter that explains the existing fence was on your land and you want it restored to the same line and appearance immediately. He is welcome to install fencing of his choice within his boundary.

I would then deliver it by hand and verbally explain you are sorry if a letter seems formal and over the top but you didn’t want to leave any room for confusion further down the line.

If he persists, do you have legal protection as part of your home insurance that you could consult?

Also what do your deeds say about fencing responsibilities, ours show that we are responsible for a fence that is clearly on our neighbours land and we can only assume is due to historical replacements.

lookstraightahead

Firstly look at the deeds 

Titus_Wadd

After you check the deeds for yours and his houses, deliver the letter as above ...

...but I'd be tempted to add that if he'd like to make a formal offer to buy said sliver of land he can submit an offer for consideration if he's prepared to foot both parties legal costs.   Land has value.

The neighbour's approach is rude, to act before asking.  Hand his fence posts back to him and reinstall your panels. (Also check whether you have legal cover with your insurance because there may be a need for a firm cease and desist letter if they don't accept your stance and the position of the boundary). 

If you're planning to move soon, try to keep this from escalating into a dispute, but defending your right to your own property is perfectly reasonable, even if it's not what they want to hear.

Beeboo23

I’ve got legal cover. Wouldn’t not have it after browsing these forums for a few years haha. 

I went out to speak to him and he said he’ll put the fence back on his side so we’re not losing any land. That’s one problem solved.  

He seems to think the fence is his and the property deeds aren’t very clear. Previous owners said it was ours and I did email the solicitor twice at the time to ask but they didn’t confirm. 

I think I’m going to wait to see what he puts up before taking it any further. He’s already put up a fence on his other sides which is ugly but worst case I might be able to grow some kind of plant to hide it, any suggestions welcome. 

youth_leader

I am sorry he was so cheeky.  When my husband died my neighbour started appearing in my drive, trimming his 'ivy' and dropping his fag ends everywhere.

I downsized to this bungalow and didn't know which fence was mine, I was directed to the Property Information form when I purchased - I think - the vendor had put that I was responsible for the fence on the right.  Then I checked my deeds - I'm responsible for all three fences.  Not great news if we have bad storms again this winter!

Bendy_House

Beeboo23 said:

I’ve got legal cover. Wouldn’t not have it after browsing these forums for a few years haha. 

I went out to speak to him and he said he’ll put the fence back on his side so we’re not losing any land. That’s one problem solved.  

He seems to think the fence is his and the property deeds aren’t very clear. Previous owners said it was ours and I did email the solicitor twice at the time to ask but they didn’t confirm. 

I think I’m going to wait to see what he puts up before taking it any further. He’s already put up a fence on his other sides which is ugly but worst case I might be able to grow some kind of plant to hide it, any suggestions welcome. 

Deeds usually only suggest a 'responsibility' for maintaining a boundary, and rarely actually state that you MUST put a fence or wall up.

Who 'owns' the fence depends on who put it up (ie, who bought/paid for the materials), and mostly on whose land it sits.

'Boundaries' are 'lines' with no real width. They just determine (often very poorly) where one person's land turns into another's. A physical fence or wall can then either sit fully on one side or the other, or even straddle this 'line'. If it sits fully to one side of the boundary line, then it's on that person's land, and the other person shouldn't touch it without permission - to do so could be 'trespass with property damage' or summat like that - definitely not permitted. If the physical fence straddles the line, then it's a 'shared' responsibility, and really both parties should discuss and agree repairs and maintenance and stuff.

One final thing - if the person 'responsible' for a fence (and on whose land it sits) decides to not put a fence up, or even take down the fence that's there, then the other party cannot force them to do otherwise. The other party would just have to put up their own fence on their own land instead.

So, where does that leave you?! Hopefully not sitting on the fence (drrrr-cheeesh...)

BRILLIANT! You have LP!!!

Ok, check your deeds to see what it says about fences, boundaries, responsibilities, and stuff. It likely won't 'force' any issue, but it's useful for moral and social pressure.

Next try and work out where this invisible boundary line runs. Quite likely it'll be impossible to nail down precisely, but see if there's anything that suggests where any of it could be - does it make contact with a house or garage wall, for instance? A concrete gate post? Basically, try and determine on whose land the existing fence is sitting. If it cannot be determined, then a good starting/discussion point is that it is on the actual boundary, so everything CURRENTLY on your side of the EXISTING fence is your land, and ditto for them. So, if they move that fence more to your side, explain calmly they are almost certainly trespassing, and this could cause ALL sorts of bother moving forwards, and especially whenever one of you tries to sell. Just nice and calm and 'matter of fact'. If they seem intent on continuing, say, "Hmm, I'm pretty sure that you shouldn't be doing that - I'd best phone up my Legal Protection group to confirm..."

But do this beforehand anyway. It won't cost you anything to call them up for 'advice'. It won't be a 'dispute'. You are just seeking clarification should things develop. And if things do, then I am firmly of the opinion that you SORT such issues out, so that it will not remain an issue. Some folk advise to not have a 'dispute' at any cost. I don't agree. What you should not have is an unresolved issue, or one where you have backed down - allowed a neighbour to get away with something they shouldn't - for the sake of 'peace' or 'lack of dispute'. You should still declare such issues, but much better to be able to say "There was a discussion over the location of the boundary (or whatever), but this has been resolved legally and is no longer in dispute."