Neighbour is taking down MY fence!

SquatNow

If they damage your lawn oo any part of your property in the process it would be CRIMINAL DAMAGE. Definately an arrestable offence, and their Bail Conditions would prevent them returning to the property.

But why not go and see your neighbour and see if you can come to an amicable agreement... if they need access via your property then they should compensate you... especially as they may need access in future for maintenance purposes.

Also, I'm sure there are rules about how close to boundary you can bild... I'm pretty sure you can't build right on the boundary... certainly no respectable builder would do... if you build an extension up against the boundary and next door puts up a shed or raised flowerbed against it you'll have a damp problem and no legal recourse.

If the neighbour gets arsy, just put up a 6ft fence 1 inch on your side of the boundard fence. Then set a camcorder. then hand the tapes to the police.

mrstinchcombe

!!!!!!? wrote: »

Don't fool yourself into thinking a law the was introduced in order to deal with a certain high profile problem is going to be only applied to that problem. If the police decide to take an interest, they'll use any laws applicable. Having said that, good luck to the OP in getting the police interested in a trespass.

However, criminal damage is a different matter. If the builder interferes with the fence without the owner's permission, there is a case to be made for criminal damage to the fence.

I am aware that aggravated tresspass can be applied to other situations, it just doesn't apply to this one. The tresspass aspect certainly isn't worth wasting Police time for.

As you rightly said there would be criminal damage to both the fence and possibly the garden tho which is where the Police should be involved. However as the damage hasn't happened yet then perhaps s2 of the Criminal Damage Act is more appropriate (Threats to destroy or damage property). It sounds like this offence is complete.

lynnexxxo

Would it not be easier to allow your neighbour to take down the fence if they promise to put it right?

Else you could follow other advice and get him arrested and jailed. But keeping in mind that he is your neighbour and will have to live next door to him.

shelovestobuystuff

The distance that has to be left between a building and the boundary varies from area to area.In my area its just less than 3 ft(enough room for a path).Unless theres an existing wall or building up to the boundary then they can apply for a party wall agreement or something like that to allow them to basically join their new build on to the neighbours.
They are likely to need the access to get equipment onto the site easily and cheaply.But thats not your problem,if you dont give them permission to go via your land then tough.They may just have to fork out the extra cash and get a crane and lift stuff into the site rather than go through your land.

PasturesNew

SquatNow wrote: »

if you build an extension up against the boundary and next door puts up a shed or raised flowerbed against it you'll have a damp problem and no legal recourse.

Oooh I feel an open water feature rockery and waterfall/fountain coming on ...

Mary_Hartnell

If a builder can save money by trespassing on your land, that is just what he will do.
You have three choices.

1. The tree huger solution:- You physically stand guard 24/7.
2. The legal solution, you pay lots of money for an injunction to make a civil matter possibly a criminal matter. That will make the legal profession a happy bunch.
3. You face up to the fact that our democracy has made a decision and your neighbour if perfectly entitled to build what ever it is that is still bugging you. Would not the most sensible solution be to bury the hatchet with the next door neighbour? Can you do financial or physical deal with the builder. If its a financial deal I would suggest the money is escrow first! If its physical, ie some free work/materials for you I'd expect to see something up front. That way the nasty disruption of next door's build would soon be over and perhaps you could get back to a normal relationship and not have to declare a dispute when you come to sell your place?.

Why is it that landowners with a "freehold" from the Queen think they own a principality ?

If you need to have a look at lots of people complaining about cavalier treatment by their neighbours try: [SIZE=-1]www.gardenlaw.co.uk[/SIZE]

.

shelovestobuystuff

lynnexxxo wrote: »

Would it not be easier to allow your neighbour to take down the fence if they promise to put it right?

Else you could follow other advice and get him arrested and jailed. But keeping in mind that he is your neighbour and will have to live next door to him.

The op objected to the initial planning permission for the neighbours extension.I think they should stick to their guns.They have probably already fallen out over the extension plans anyway so a bit of trouble over access isnt going to make thing very much worse.

shelovestobuystuff

Good idea Mary-Hartnell.bury the hatchet in the nextdoor neighbour.Problem solved.

Debt_Free_Chick

shelovestobuystuff wrote: »

The op objected to the initial planning permission for the neighbours extension.

But from a planning point of view, their objection was not valid. A simple "I don't want you to do this" is not sufficient.

I think they should stick to their guns.They have probably already fallen out over the extension plans anyway so a bit of trouble over access isnt going to make thing very much worse.

But perhaps it's the OP who's being unreasonable here. Clearly, the neighbour's extension is in line with planning laws, so I wonder what the OP's objections really are?

I can't see the point in making life difficult for anyone. If the neighbour agrees to restore the land & fence to its current condition, then what is there to object to?

Give and take. One never knows when one might need the tolerance and understanding of a neighbour or any other person.

divadee

you could always bill the next door neighbour for each minute they are on your land? admittedly you would have to stand with a stop watch but at a rate of £200 an hour to be held in escrow or paid in advance you could at least make money out of it as well.