Neighbours fence

WIAWSNB

Bubbles737 said:

Thank you. Yes you have grasped the nuances of this issue perfectly and your assumptions are all correct. Thank you for the plan of action. 

He has let the fence fall into disrepair for years and 9 years ago I approached him about it because panels were missing. He said he would fix it but did nothing so I want my own fence on my own land. 

In which case, there is nothing he can do - just cover yourself with recorded evidence of your reasonableness, and his belligerence.

But...if his fence posts are still standing and secure, then the best overall solution would be for you to offer to replace the damaged panels. 

If he turns that down, then he truly is an unreasonable bottom.

Careful with these panels, now. Oooh...creak...crunch...crack...Oh dear. 

TELLIT01

Trespass is a civil offence and the police won't be interested unless it gets violent.  It's his fence on your property, so I see absolutely nothing wrong in getting the fence upright again.  Oh dear, when you did that it fell on his side.  Problem sorted.

Bubbles737

WIAWSNB said:

Bubbles737 said:

Thank you. Yes you have grasped the nuances of this issue perfectly and your assumptions are all correct. Thank you for the plan of action. 

He has let the fence fall into disrepair for years and 9 years ago I approached him about it because panels were missing. He said he would fix it but did nothing so I want my own fence on my own land. 

In which case, there is nothing he can do - just cover yourself with recorded evidence of your reasonableness, and his belligerence.

But...if his fence posts are still standing and secure, then the best overall solution would be for you to offer to replace the damaged panels. 

If he turns that down, then he truly is an unreasonable bottom.

Careful with these panels, now. Oooh...creak...crunch...crack...Oh dear. 

No fence posts are not useable

TELLIT01

It's taken a lot of neglect for a fence to get to that state.  One of the posts still seems to have the concrete attached so somebody or something must have removed soil from around it at some time.

victor2

@Bubbles737,  if you do have legal cover on your house insurance, start with them before doing anything. They should be able to advise what steps to take and how to go about it. 

WIAWSNB

Bubbles737 said:

WIAWSNB said:

Bubbles737 said:

Thank you. Yes you have grasped the nuances of this issue perfectly and your assumptions are all correct. Thank you for the plan of action. 

He has let the fence fall into disrepair for years and 9 years ago I approached him about it because panels were missing. He said he would fix it but did nothing so I want my own fence on my own land. 

In which case, there is nothing he can do - just cover yourself with recorded evidence of your reasonableness, and his belligerence.

But...if his fence posts are still standing and secure, then the best overall solution would be for you to offer to replace the damaged panels. 

If he turns that down, then he truly is an unreasonable bottom.

Careful with these panels, now. Oooh...creak...crunch...crack...Oh dear. 

No fence posts are not useable

Blimey :-0
What outcome suits you best - to pay for redoing that section in the same place, posts & panels, galling tho' it would be, or to put up your own separate fence on your side?
For the latter, would you just put up a fence 'over' that broken stretch like a sticking plaster, thereby having a 'step', or would you put up your own fence the whole length?
Victor is right; if you have LegProt, then it's worth calling them for guidance. If you have LP, this is free - you have paid for it.
If you don't have LP, or you just want this sorted right away, then as long as you can demonstrate that you have been open and reasonable, and explained the situation clearly to the other party and given him a chance to do the right thing, then there isn't a snowball's chance in hell of the neighbour being able to take action against you should you move these panels back on to your neighbour's land.
Be careful, tho' - gits like him can be quite cunning, so check he hasn't placed anything behind them that could be damaged if the panels are simply pushed back. 
So, the friendly chat. "The boundary is there, yes? So that means your broken fence is partly on my land - yes? Ok, I'm happy to have your fence fixed - new posts and panels in the exact same place, if you prefer? (If true). But otherwise I am entitled to remove your property from my land, so I can put up my own fence. Are you going to do this, or do I need to?"
These posts and panels are effectively wrecked and unusable. They wouldn't even prevent an animal from crossing. So, if he refuses to act, then check what's behind them, and if nothing important, simply lever them on to his land. If he threatens to put them back on your land, call your local bobby right there in front of him. Nice and loud; "Hi. Really sorry to bother you with what may seem like a trivial issue, but I'm trying to fix my fence and my neighbour is quite aggressively dumping his panels in the way. I've recorded it all, and can show I'm doing everything correctly. Ta muchly..."
If there is something behind them that could be damaged if you simply push the panels back on to his land, then best to lift the panels up, detach them, and then stack them on his side if there's a suitable place. You can go on to his land to do this - it's not unlike you dropping off a wrongly delivered parcel to his drive. But if he stands in your way or threatens to physically intervene, then stack them on your side first, and tell him you'll return them when he calms down. Or, place them in his front drive. Then get on with your work. 
Record everything, and there's nothing he'll be able to do. 

twopenny

It's not unusual.
Neighbour took my fence down while I was waiting to complete and replaced with cheap 6fters that blew down in the first storm.
She made no attempt to help and hid until I said the guys replacing my fence would get rid of it.
She then got very indignant and said it was hers and her brother wanted a broken fence panel..
She got indignant again when I said ok, help me to get it into your garden.
Nowt as queer as folk who love broken fence panels.

Bubbles737

Thank you for your knowledge and great advice. The neighbour has agreed to move the fence if given 24 hours notice of my fence going up. Fingers crossed

diveunderthebonnet

twopenny said:

It's not unusual.
Neighbour took my fence down while I was waiting to complete and replaced with cheap 6fters that blew down in the first storm.
She made no attempt to help and hid until I said the guys replacing my fence would get rid of it.
She then got very indignant and said it was hers and her brother wanted a broken fence panel..
She got indignant again when I said ok, help me to get it into your garden.
Nowt as queer as folk who love broken fence panels.

I would have chucked them over her;your  fence and then said heres your brothers panels !! 

twopenny

Diveunder, she also offered to pay half as it was her fault.
Consulted her to agree on what would suit us both.
Once finished I said the bill was in and, with family smirking behind, said she didn't think she owed anything.

It was a couple of years before I got to say more than hello.