Another Fence Issue!

RobinwithanA

My neighbours took down the fencing on our boundary,  one they had erected some years ago, and decided not to replace it with new fencing.  So, on my side of the boundary,  I paid for new fence panels and posts. This weekend, the neighbour planed the top of a panel, checked it with a spirit level and I saw him placing a panel on top of this panel. I think it's his intention to create a shed/ work area, in his garden on the other side of the new fence,  using my panel as a side support.  I know he can't attach anything to my fence without my consent,  which won't be forthcoming.  I also know he won't remove anything he does place or prop up against the panel if I ask him to.  Discussion with him is futile. Can I get a builder to  remove whatever he places there,  without sending a solicitors ' letter or any other process?Apart from my writing to him to request to remove any attachments or, by failing to do so, that I will. Thoughts please.  I am in a vulnerable position with these people 

david29dpo

You are right he cant touch your fence in any way but stopping him is a problem. 
Get as much evertance as possible.
Is it a fence where you can slide the panels up and out on concrete posts? 
I know someone this happened to so they simply removed the panels now and then to paint them, 

WIAWSNB

RobinwithanA said:

My neighbours took down the fencing on our boundary,  one they had erected some years ago, and decided not to replace it with new fencing.  So, on my side of the boundary,  I paid for new fence panels and posts. This weekend, the neighbour planed the top of a panel, checked it with a spirit level and I saw him placing a panel on top of this panel. I think it's his intention to create a shed/ work area, in his garden on the other side of the new fence,  using my panel as a side support.  I know he can't attach anything to my fence without my consent,  which won't be forthcoming.  I also know he won't remove anything he does place or prop up against the panel if I ask him to.  Discussion with him is futile. Can I get a builder to  remove whatever he places there,  without sending a solicitors ' letter or any other process?Apart from my writing to him to request to remove any attachments or, by failing to do so, that I will. Thoughts please.  I am in a vulnerable position with these people

How well can you evidence that your new fence was placed on your side of the boundary line? Do you have any photos or records from that time?

If you can demonstrate clearly that your fence sits on your side of the boundary line, then it's yours 100%. And they shouldn't touch it.

Do you have Legal Protection on your house insurance? If so, call them up for the correct guidance right now. It's free.

Do you have CCTV that you could aim at your fence? You ideally need some way to demonstrate that you have told this neighbour to stop touching your fence.

Bottom line - is he allowed to do this? Nope. Can you remove anything he attaches to the top of your fence? Yes. So can a builder do this on your instruction? Yes - but I suggest you find one that built like a brick whatsit.

Have you measured how tall your existing fence is? It's likely not much shy off 2m? Check your LA's Planning Portal and see what it says about garden constructions built at a boundary. Call them up, too, if he starts breaching this.

RobinwithanA

I'm content with the height, position within my boundary and thanks for the replies. I seek verification that I can remove anything he attaches without the need to enter into anything more than a letter advising him . Google searches mention mediation and solicitors . I will get in touch with my insurers 

TELLIT01

If you are certain the fence is on your property you can certainly remove anything which the neighbour has attached to it.  I would do that now, before he has the opportunity to add anything else.

born_again

Have you actually spoken to them, which would be the 1st way to tackle this. Rather than going legal & then having a possible dispute to declare should you move?

RobinwithanA

Unfortunately that's not an option with this particular individual. I believe he's fully aware of the inappropriate actions and, historically, the legitimacy of them is of no interest. If I thought having a discussion would help, then clearly I would, as noted in my post.  And I haven't stated that I will go legal. 

TELLIT01

Although the OP hasn't stated they will go legal, if talking to the neighbour isn't an option I don't see what other practical option there is apart from continually ripping down anything they put on the fence.

WIAWSNB

RobinwithanA said:

I'm content with the height, position within my boundary and thanks for the replies. I seek verification that I can remove anything he attaches without the need to enter into anything more than a letter advising him . Google searches mention mediation and solicitors . I will get in touch with my insurers 

Are your houses detached, or semi/terraced. For the latter, it is usually very easy to determine the exact boundary line that separates you. Everything on one side is yours, 100%, and vice versa.

How well can you evidence that your new fence was placed on your side of the boundary line? Do you have any photos or records from that time?

If you can demonstrate clearly that your fence sits on your side of the boundary line, then it's yours 100%. And they shouldn't touch it.

Do you have Legal Protection on your house insurance? If so, call them up for the correct guidance right now. It's free. Bear in mind that one of the first things they'll ask is if you have asked the cove to stop. And whether you can prove where the boundary line is (And even having said that, I recently researched insurance on behalf of mil, and selected AA 'Platinum' with LegProt. Guess what they won't cover? Yup - boundary issues.

Do you have CCTV that you could aim at your fence? You ideally need some way to demonstrate that you have told this neighbour to stop touching your fence.

Bottom line - is he allowed to do this? Nope. Can you remove anything he attaches to the top of your fence? Yes. So can a builder do this on your instruction? Yes - but I suggest you find one that built like a brick whatsit.