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My neighbour doesn't want me to remove diseased trees on my land

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  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
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    mi-key said:
    If you do put a fence up, make sure it is all totally on your side of the string ! About 6" would do, but just so he can't have any complaints about where it is or losing a few inches of his land.

    Personally I would put a low box hedge in as it will look a lot nicer than a fence

    Personally, I'd try and work out exactly where the boundary is - if it's along their length of string, then great. Then I'd put the posts with their away side touching that line - I'd be disinclined to give them a literal inch, let alone six.
    I'd also be inclined to make it a solid fence, as anything that grows widthways is likely to remain a bone.

  • mi-key
    mi-key Posts: 1,580 Forumite
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    mi-key said:
    If you do put a fence up, make sure it is all totally on your side of the string ! About 6" would do, but just so he can't have any complaints about where it is or losing a few inches of his land.

    Personally I would put a low box hedge in as it will look a lot nicer than a fence

    Personally, I'd try and work out exactly where the boundary is - if it's along their length of string, then great. Then I'd put the posts with their away side touching that line - I'd be disinclined to give them a literal inch, let alone six.
    I'd also be inclined to make it a solid fence, as anything that grows widthways is likely to remain a bone.

    From the sound of him, he would object to fence posts touching his line. I suggested six inches as the OP will still own the land, but the neighbour can't come back and say his string was in the wrong place by that much, and if he is really pedantic, he can put his own fence up on his side

  • Personally I think it looked a lot better before. Looks a bit bleak and horrible now. 
  • theoretica
    theoretica Posts: 12,690 Forumite
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    edited 22 February 2023 at 10:55PM
    goater78 said:
    Personally I think it looked a lot better before. Looks a bit bleak and horrible now. 

    The OP says they are about to build an extension - so I expect the area will get even worse to look at during the work before its beauty is a priority.
    Hopefully the neighbour realises they were in the wrong and the relationship can recover.

    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • 35har1old
    35har1old Posts: 1,873 Forumite
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    mi-key said:
    If you do put a fence up, make sure it is all totally on your side of the string ! About 6" would do, but just so he can't have any complaints about where it is or losing a few inches of his land.

    Personally I would put a low box hedge in as it will look a lot nicer than a fence

    Personally, I'd try and work out exactly where the boundary is - if it's along their length of string, then great. Then I'd put the posts with their away side touching that line - I'd be disinclined to give them a literal inch, let alone six.
    I'd also be inclined to make it a solid fence, as anything that grows widthways is likely to remain a bone.

    Do you mean putting the post on the line of the boundary and then attaching rails to attach the facing boards to face towards the garden with trees at present.
    There may be a problem with ownership in the future as i think whatever side the post is on has ownership of fence also in future maintaining the fence may also be a issue in regard to staining our painting.
    Keep all receipts and take plenty of photos during construction and hope he does not take any himself

    A finished  brick wall 200mm both sides in finish brick would be the best bet
  • Hi,
    I'd be surprised if his length of string is the actual boundary line, they are never correct to the inch.
  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
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    mi-key said:
    mi-key said:
    If you do put a fence up, make sure it is all totally on your side of the string ! About 6" would do, but just so he can't have any complaints about where it is or losing a few inches of his land.

    Personally I would put a low box hedge in as it will look a lot nicer than a fence

    Personally, I'd try and work out exactly where the boundary is - if it's along their length of string, then great. Then I'd put the posts with their away side touching that line - I'd be disinclined to give them a literal inch, let alone six.
    I'd also be inclined to make it a solid fence, as anything that grows widthways is likely to remain a bone.

    From the sound of him, he would object to fence posts touching his line. I suggested six inches as the OP will still own the land, but the neighbour can't come back and say his string was in the wrong place by that much, and if he is really pedantic, he can put his own fence up on his side

    He can 'object' as much as he wants. 

    Good chance that if you give him six inches (Missus!) you'll have the future hassle of regaining it.

    This sounds like an 'entitled' individual, so should be given no quarter.
  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
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    edited 24 February 2023 at 8:26AM
    35har1old said:
    mi-key said:
    If you do put a fence up, make sure it is all totally on your side of the string ! About 6" would do, but just so he can't have any complaints about where it is or losing a few inches of his land.

    Personally I would put a low box hedge in as it will look a lot nicer than a fence

    Personally, I'd try and work out exactly where the boundary is - if it's along their length of string, then great. Then I'd put the posts with their away side touching that line - I'd be disinclined to give them a literal inch, let alone six.
    I'd also be inclined to make it a solid fence, as anything that grows widthways is likely to remain a bone.

    Do you mean putting the post on the line of the boundary and then attaching rails to attach the facing boards to face towards the garden with trees at present.
    There may be a problem with ownership in the future as i think whatever side the post is on has ownership of fence also in future maintaining the fence may also be a issue in regard to staining our painting.
    Keep all receipts and take plenty of photos during construction and hope he does not take any himself

    A finished  brick wall 200mm both sides in finish brick would be the best bet
    What the OP puts there is up to them. But the principle is to ID, as accurately as possible, and ideally with the agreement of the neighbour (not always possible...), the exact line of the boundary. If the houses are semi or terraced, that's usually very easy.

    I would not trust this length of string, but confirm whether it's accurate. Then you go up to it, but don't cross it. IE, posts 'touch' the line with the post sitting fully within your own land. You then fully own that fence, materials and location.

    In theory - well, in law - no other person should touch that fence, attach anything to it, or even paint it. You can make this clear if you wish, and you can sue if they breach it.

    I am not suggesting that anyone should be that bolshie, but I'm laying out the facts - as I understand them. 

    The neighbour can do exactly the same thing.

    This neighb's response so far has indicated a person not willing to discuss, and prepared to demand things - in an unreasonable manner - that they simply have no rights to. I would suggest strongly that you treat such folk with a non-aggressive, pleasantly assertive, unambiguous, matter-of-fact manner. "Yes, this fence is fully on my land, and that means I own it in its entirety. You can do whatever you like on your land, but you shouldn't touch my fence without permission. If you want to paint the side of my fence that's facing you, please ask first - I might be ok with that, depending on the finish used." "Why am I doing this? Because when I needed to cut down my trees, you made a bit of a nuisance of yourself, telling me I couldn't - that's why." Ideally record any such conversation - or even put it in writing to them if you have genuine concerns, depending on their reaction, for example - and make certain you have LP on your house insurance.

    'Entitled' folk just don't stop until they are made to stop. Their 'victim mentality' drives them. It's pathetic.
  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
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    Hi,
    I'd be surprised if his length of string is the actual boundary line, they are never correct to the inch.
    Yes. You don't go by that.

    There's even a chance they 'accidentally' positioned it an inch or so on to the OP's land... :smile:
  • Section62
    Section62 Posts: 9,487 Forumite
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    35har1old said:
    mi-key said:


    Personally, I'd try and work out exactly where the boundary is - if it's along their length of string, then great. Then I'd put the posts with their away side touching that line - I'd be disinclined to give them a literal inch, let alone six.
    I'd also be inclined to make it a solid fence, as anything that grows widthways is likely to remain a bone.

    ...
    There may be a problem with ownership in the future as i think whatever side the post is on has ownership of fence...

    A finished  brick wall 200mm both sides in finish brick would be the best bet
    BIB1 - No, that's a myth. There is no law or rule about which side of a fence the posts are on in relation to ownership.  In some cases the deeds of a property may state that a specific fence should have the posts on a particular side, but that is by agreement rather than having anything to do with fence ownership law.

    BIB2 - Brick walls can be problematic, as well as expensive.  The wall will need a foundation which, if the face of the wall is to be on or close to the boundary, will need to be partly under the neighbour's land.  Unless the neighbour changes tack, a brick wall would be inadvisable compared to ThisIsWeird's suggestion of a fence (with the caveats of establishing the boundary line first).
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