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  • FIRST POST
    • dollydiva
    • By dollydiva 30th Oct 12, 11:01 PM
    • 295Posts
    • 99Thanks
    dollydiva
    My Neighbour Took Down My Fence
    • #1
    • 30th Oct 12, 11:01 PM
    My Neighbour Took Down My Fence 30th Oct 12 at 11:01 PM
    My neighbour extended his garden into some land at the back of our gardens, which he discovered belonged to him (confirmed by Council who visited and I also attended this visit).

    Our gardens go around a corner, so our gardens all narrow to wedges and meet at a central point. What my neighbour did was put up a new fence and in doing so took down my fence, and that of another neighbour (whilst the property was empty, this house being local authority, but my immediate neighbour and I own our houses).

    The upshot of all this is that my garden now has no fence between me and the tenant of the local authority. I did not realise that he had taken down that fence, or my own as I have a large shed blocking the view of the bottom where our gardens join. It was only when I went into the back garden with the dog, and the dog disappeared, that I realised I and my neighbours gardens were now joined!

    I waited 3 weeks, thinking that my neighbour would put my fence back once he completed his fence, but this never happened. My husband asked him when he was going to put our fence back up and he replied "Im not" and that was that.

    I am at a loss as to what to do next and fail to see why my neighbour putting up a fence should cost me money to get my fence put back up when it was perfectly fine until he took it down!!!!

    Many thanks for any advice.

    dd
Page 1
    • maninthestreet
    • By maninthestreet 30th Oct 12, 11:18 PM
    • 15,361 Posts
    • 13,943 Thanks
    maninthestreet
    • #2
    • 30th Oct 12, 11:18 PM
    • #2
    • 30th Oct 12, 11:18 PM
    Report it to the police as criminal damage - if you are sure the fence was indeed yours.
    "You were only supposed to blow the bl**dy doors off!!"
    • xylophone
    • By xylophone 30th Oct 12, 11:44 PM
    • 31,595 Posts
    • 19,592 Thanks
    xylophone
    • #3
    • 30th Oct 12, 11:44 PM
    • #3
    • 30th Oct 12, 11:44 PM
    If the fence was yours and your neighbour has damaged or removed it then this could be construed either as wilful damage or even theft?

    You might also wish to inform the local authority that council property has been damaged/removed?

    You could write to your neighbour and ask him to repair/replace your fence and give him say a fortnight so to do.
    If he fails to act, you might sue him through the small claims court?
    http://www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm
    • dollydiva
    • By dollydiva 31st Oct 12, 12:57 AM
    • 295 Posts
    • 99 Thanks
    dollydiva
    • #4
    • 31st Oct 12, 12:57 AM
    • #4
    • 31st Oct 12, 12:57 AM
    it is my fence as it was in my garden, behind my shed! It was erected across the garden, so that the 'point' bit of my garden was behind it.

    At the time I found it missing, He was erecting his fence posts, so I thought he had taken it down so he could do this (he didnt ask me about it!) and for the sake of peace I kept a "wait and see" attitude, thinking he'd make good.

    Now I know he doesnt plan to. I have asked the tenant to report what has happened, but so far no movement on their side, and when I called, I was told it was a "boundary dispute" which they would not act upon. I cant blame the new tenant wanting to keep out of it as she had no prior knowledge of how her fence was originally. She just arrived to find she didnt have one.

    Would like to keep things civil, but can't see how?

    dd
  • CAB National Representative
    • #5
    • 31st Oct 12, 11:55 AM
    • #5
    • 31st Oct 12, 11:55 AM
    My neighbour extended his garden into some land at the back of our gardens, which he discovered belonged to him (confirmed by Council who visited and I also attended this visit).

    Our gardens go around a corner, so our gardens all narrow to wedges and meet at a central point. What my neighbour did was put up a new fence and in doing so took down my fence, and that of another neighbour (whilst the property was empty, this house being local authority, but my immediate neighbour and I own our houses).

    The upshot of all this is that my garden now has no fence between me and the tenant of the local authority. I did not realise that he had taken down that fence, or my own as I have a large shed blocking the view of the bottom where our gardens join. It was only when I went into the back garden with the dog, and the dog disappeared, that I realised I and my neighbours gardens were now joined!

    I waited 3 weeks, thinking that my neighbour would put my fence back once he completed his fence, but this never happened. My husband asked him when he was going to put our fence back up and he replied "Im not" and that was that.

    I am at a loss as to what to do next and fail to see why my neighbour putting up a fence should cost me money to get my fence put back up when it was perfectly fine until he took it down!!!!

    Many thanks for any advice.

    dd
    Originally posted by dollydiva

    Hi dollydiva - we'd recommend that you contact your local bureau, and you might also want to read through the information about neighbour disputes on our Adviceguide website (which covers boundaries & fences). As it mentions there, you can get free advice from RICS (Royal Institute of Chartered Surveyors - www.rics.org/uk/).
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
    • societys child
    • By societys child 31st Oct 12, 6:51 PM
    • 6,448 Posts
    • 7,631 Thanks
    societys child
    • #6
    • 31st Oct 12, 6:51 PM
    • #6
    • 31st Oct 12, 6:51 PM
    Try garden law . .

    http://www.gardenlaw.co.uk/phpBB2/index.php?sid=78fe8c8ad7081a015388df6af3ee37a5

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