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  • FIRST POST
    • brewthebear
    • By brewthebear 1st Mar 18, 10:59 PM
    • 125Posts
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    brewthebear
    Neighbour removed there old fence and then painted
    • #1
    • 1st Mar 18, 10:59 PM
    Neighbour removed there old fence and then painted 1st Mar 18 at 10:59 PM
    Fence at bottom of garden was falling to bits belongs to house that runs along bottom of garden I had a new fence put in a foot inside my own boundary so as to not touch their fence.
    Today I saw they have now removed there old fence and not replaced it and painted mine by coming into my garden to do so .
    I am not happy at all I am not sure how to approach neighbour as I do not know them as have just recently moved in.
Page 2
    • Money maker
    • By Money maker 2nd Mar 18, 4:35 PM
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    Money maker
    Money maker The fence they had must have been at least 15 years or older was virtually falling to bits.

    If they had any intentions of renewing it they would have done so, I placed my fence away from there so there would be no problem with them saying we had damaged there fence.
    I was not expecting them to remove there fence and paint mine I thought I was doing the right thing as to not start on the wrong foot with a new neighbour.Surely by putting up my own fence in my own garden should not have put me in this situation now.

    I was not really expecting to see anything of then being the fence is at the bottom of garden.
    Originally posted by brewthebear
    The likelihood is that they didn't want to pay out to replace their fence, had you come along and offered to pay for it to be replaced then they would probably have bitten your hand off.


    As it is, you paid anyway and lost some of your land all for want of needing to ask them. I'm really struggling to understand why upon buying a house, you would refence two sides of your garden a foot in from the boundary rather than asking the neighbours if they would like their fence replaced with a shiny new one at no cost to them.


    Now is not the time to approach the neighbour - that boat has sailed. Only if you want to resite the fence on the boundary is it worth asking.
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    • parking_question_chap
    • By parking_question_chap 2nd Mar 18, 5:09 PM
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    parking_question_chap
    Just to clarify for us, did you approach your neighbour beforehand about the state of their fence?

    If you had offered to foot some of the bill in the first place you might not be in this situation. Perhaps they could not afford a new fence and didnt want to admit it.

    Better communication in the first place might have prevented this current scenario.
    Last edited by parking_question_chap; 02-03-2018 at 5:12 PM.
    • brewthebear
    • By brewthebear 2nd Mar 18, 5:44 PM
    • 125 Posts
    • 121 Thanks
    brewthebear
    The house was a new build we built ourselves, we approached neighbour on the house that also runs in conjunction along bottom of plot as the fence there was even worse . She made it clear we was not to touch fence, as the other (neighbour who painted our fence) part of the fence run joined along the boundary.

    It was not an option for us but to put fence up away from their fences we could not leave the old fences showing which were an eyesore, we had new fences on all other sides of the plot.
    • Davesnave
    • By Davesnave 2nd Mar 18, 8:06 PM
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    Davesnave
    To be fair, when people ask on this forum about neighbours with dodgy fences/no intention of fixing them, the answer often comes back as : "Erect your own fence on your side of the boundary."

    That's what you did, but your care not to disturb their fences meant that you were further on your side of the boundary than it was wise to be.

    Presumably you're happy with where the fences are or you wouldn't have put them there, so I'd address the painting issue and consider what would be cheap and effective to mark the real boundary, rather than think about moving them.
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    https://forums.moneysavingexpert.com/showthread.php?t=5844460
    • paddy's mum
    • By paddy's mum 3rd Mar 18, 11:07 AM
    • 3,518 Posts
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    paddy's mum
    Sounds to me like Roughneck fencing pins and the Pallets-R-Us solution is called for.

    OP - you really do need to address the boundary reinstatement issue asap. If you have a mortgage, the finance company will not be pleased to perhaps discover in the future that your lack of action has generated a dispute which affects the value of the property they are financing.

    Good luck.
    • TheCyclingProgrammer
    • By TheCyclingProgrammer 3rd Mar 18, 11:18 AM
    • 3,176 Posts
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    TheCyclingProgrammer
    Why are some people saying OP has !!!8220;lost their land!!!8221;? They may have lost easy access to it but they certainly haven!!!8217;t lost possession of it. It!!!8217;s still their land.

    In the first instance I would place a string line along the line of the old fence. To be on the safe side I!!!8217;d put this on your side of where the old fence lay because you don!!!8217;t know precisely where the old boundary line is so err on the side of caution. Then approach our neighbours to tell them as they have removed their fence you have taken steps to mark your side of the boundary and will they be reinstating the fence?

    If they are not then you need to make a choice between moving the fence, leaving it marked with something a bit more permanent than string (eg ground markers) or doing nothing and risking losing rights to the land in the future.

    I do agree however that depending on your neighbours you may find yourself involved in a boundary dispute if they question where the boundary ought to be.
    Last edited by TheCyclingProgrammer; 03-03-2018 at 11:20 AM.
    • brewthebear
    • By brewthebear 3rd Mar 18, 2:30 PM
    • 125 Posts
    • 121 Thanks
    brewthebear
    Going to visit the neighbour and find out why they removed fence and painted ours will update when I get an answer
    • Biggles
    • By Biggles 5th Mar 18, 1:18 PM
    • 7,612 Posts
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    Biggles
    Should we be concerned that it's been 2 days and you're not back yet? The neighbour didn't paint the fence red, by any chance?
    Originally posted by Penitent
    You're right, I think we should send a search party out. We should be able to find the house easily, there can't be that many with red fences.
    • RichardD1970
    • By RichardD1970 5th Mar 18, 1:31 PM
    • 2,941 Posts
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    RichardD1970
    It was a mistake to locate your fence 1 foot from the boundary, presumably at your cost(?).You should have talked to you neighbours and got their agreement to replace the fence(S).

    Perhaps you should seek their agreement to relocate fence to the boundary - at your cost.
    Originally posted by missile
    Exactly this.

    My neighbours totally remodelled their garden and wanted all the fencing matching so asked us if they could replace our fence between their and our gardens.

    They got the effect they wanted and we go a new fence to replace the one which would have needed replacing in the next few years.
    • bmthmark
    • By bmthmark 5th Mar 18, 2:05 PM
    • 235 Posts
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    bmthmark
    I am amazed that you put up a new fence 1 ft in to your own land. If I were the people living behind you I would remove the old fence as well. Why would they keep the old fence up when there is a nice new one there now?

    I can see why you are unhappy but maybe trying to split the cost and replacing the existing fence would of been a better option.

    The only real option for you now is to move the fence back 1 foot to reclaim your land. I would be amazed if your neighbours erect a new fence, especially after waiting 15 years.

    Good luck though
    • Davesnave
    • By Davesnave 5th Mar 18, 4:02 PM
    • 25,312 Posts
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    Davesnave
    The only real option for you now is to move the fence back 1 foot to reclaim your land.
    Originally posted by bmthmark
    A reminder (yet again) that the OP has not lost their land, nor do they want to move the fence.

    A variety of options have also been discussed regarding ways to mark the boundary.
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    https://forums.moneysavingexpert.com/showthread.php?t=5844460
    • bmthmark
    • By bmthmark 5th Mar 18, 4:32 PM
    • 235 Posts
    • 227 Thanks
    bmthmark
    A reminder (yet again) that the OP has not lost their land, nor do they want to move the fence.

    A variety of options have also been discussed regarding ways to mark the boundary.
    Originally posted by Davesnave
    Well they have lost the land as they cannot use it or access it, due to a new fence been erected.
    The neighbours have gained the land as they have taken down the damaged fence.

    I know by law they still own the land, however its not much use if the OP cannot access it.
    • kerri gt
    • By kerri gt 5th Mar 18, 9:07 PM
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    kerri gt
    How did they paint your fence by coming into your garden? Do you mean they stepped on the now unmarked foot of land between their actual boundary and your fence to paint their side, or came into your garden and painted your side red also?
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    • Davesnave
    • By Davesnave 6th Mar 18, 5:19 AM
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    Davesnave
    I know by law they still own the land, however its not much use if the OP cannot access it.
    Originally posted by bmthmark
    There must be millions of situations where people have land they cannot access easily.

    For example, our neighbour has a hedge planted just the other side of the wire fence marking our boundary, but over the years it's grown through that, so we have land underneath it that only our cats may access!

    At our last house we owned a 0.8m wall that gave no privacy on the rear boundary, so we erected a 1.8 metre fence. There was no way to build that easily on top of the old wall, so we put it directly behind, creating a situation not unlike that the OP has. The sky didn't fall in and the neighbour didn't demolish the wall and use it to build a shed.
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    https://forums.moneysavingexpert.com/showthread.php?t=5844460
    • Head The Ball
    • By Head The Ball 6th Mar 18, 1:54 PM
    • 3,289 Posts
    • 8,605 Thanks
    Head The Ball
    ....they have painted it red !! .
    Originally posted by brewthebear
    Do you mean red as in the primary colour or do you mean red as in terracotta, chestnut brown or reddish brown or similar colours widely used for fences and sheds etc?
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