Neighbours Wiring on Fence?

Frank99

I was planning to have fencing down one side replaced however after looking online at my neighbours facebook garden re-design pictures it seems their builders have trunked the electrical wiring along the fence gravel boards feeding their lights and fish pond pump.

We don't see eye to eye with these neighbours and we have the fencing company coming in a few weeks to errect new fence including posts and gravel boards.

Why do neighbours do stupid things like this, do they not realise that fences need changing and access is needed occasionaly.

Any ideas what i should do, i wished i had not seen this trunking now, i'm not sure if the fencers will just cut the wiring off stating it should not be attatched to the fence.

born_again

Who's fence is it?
If yours, better give them the heads up on what you are replacing & their need to remove the wiring from the fence.

theoretica

The fencers are unlikely to cut the wiring - they would need proof it is not live!  More of a risk would be the fencers saying they don't do electricity and walking off.  Hopefully it was installed sensibly so the trunking can just be unscrewed and moved out of the way.

Frank99

theoretica said:

The fencers are unlikely to cut the wiring - they would need proof it is not live!  More of a risk would be the fencers saying they don't do electricity and walking off.  Hopefully it was installed sensibly so the trunking can just be unscrewed and moved out of the way.

born_again said:

Who's fence is it?
If yours, better give them the heads up on what you are replacing & their need to remove the wiring from the fence.

The fence was i put up myself years ago before these neighbours lived up here when i was more physically able but the current neighbours seem to think they own everything.

Ectophile

How about dismantle the old fence.  Push the gravel boards into the neighbours' garden.  Build a new fence.

greenbee

Carry on as if you haven't seen the pictures, and just let them know that as you are responsible for replacing your fence, these are the dates it is being done on - your fencers will try to minimise the impact on their side, but it might be an idea to move things away from the fence if they can. 

ThisIsWeird

Frank99 said:

theoretica said:

The fencers are unlikely to cut the wiring - they would need proof it is not live!  More of a risk would be the fencers saying they don't do electricity and walking off.  Hopefully it was installed sensibly so the trunking can just be unscrewed and moved out of the way.

born_again said:

Who's fence is it?
If yours, better give them the heads up on what you are replacing & their need to remove the wiring from the fence.

The fence was i put up myself years ago before these neighbours lived up here when i was more physically able but the current neighbours seem to think they own everything.

Was it your 'responsibility' to maintain/replace this fence?
Where does it lie in relation to the best understanding of where the true, invisible, boundary lies? 
How do you know?!
In short, you own the physical fence since you bought it. But, if it's on the neighbour's side of the invisible boundary line, it's 'trespassing' - the neighb could, for example, insist you remove it (very unlikely, of course).
If it sits astride the boundary, then it's usually considered 'party' with a shared responsibility and rights. So, your neighb can attach things like cables to his side.
Only if it sits fully on your side of the line and was fully paid for by you, do you have full rights over it, and you could then challenge your neighb for any 'trespass' on it - attaching anything, painting it, stuff like that. 
What to do here? I suggest the right thing; assume they are not complete gits, and give them written notice of your proposed work, with dates. Ask them nicely to ensure nothing is attached to the fence that could be at risk of damage.
If they don't do this, you have two choices - if your fencers are earthy types, they may well be happy to remove this trunking using a shovel; that'll learn the neighb's. (I don't mean that they should/could cut the cable - they shouldn't - or intentionally 'wreck' it, but should be ok if they, say, use their spades to prise the clips away, almost certainly causing some degree of cosmetic damage in the process. The neighb would be on weak ground; they've been 'trespassing', causing a small amount of 'damage' with the screws, and the trunking would likely be trapping water which would likely lead to a slight acceleration in rot - and they'd been given notice which they ignored.)
 Or, you go 'legal', and get a court order to force its removal.
In the unlikely event they don't remove it and you have to resort to either of the above, then you will be fully versed in the calibre of your neighb, so may wish to then enforce your rights with the replacement fence - clear instructions, delivered in an unambiguous and recordable manner, for them to not touch it in any manner whatsoever. If they do, you can sue.
Dead easy - if you have LegProt. Do you?

Grenage

Just tell the neighbours the fence is being replaced, and the date.

If you have any drama, and I doubt you will because they won't want their cable knackered, give the fitters a heads up in advance.

Ectophile's suggestion of leaving the boards on their side is one option if it comes to it.

ThisIsWeird

Grenage said:

Just tell the neighbours the fence is being replaced, and the date.
If you have any drama, and I doubt you will because they won't want their cable knackered, give the fitters a heads up in advance.
Ectophile's suggestion of leaving the boards on their side is one option if it comes to it.

Absolutely.
I would just emphasise that Frank should really confirm that the existing fence is his, and on his side of the boundary, before proceeding. 
If he has a neighbour who is looking for a situation to exploit, then this could be one. He should ensure he is on literally safe ground.

FlorayG

Whether you get on with neighbours or not its polite to let them know if you're having the fence between you replaced
You don't know anything about anything they may have attached to the other side - why would you?
If you are certain it's 'your' fence, just let them know a week in advance that the fence will be down for a while and replaced. What they do about their wiring is their concern

MACKEM99

Just tell them you are having the fence replaced and you are telling them as a courtesy.