Fence dispute - what are my rights?

[Stillborn Crisps]

Never thought I'd be writing asking for advice on fences!

 

My neighbour (who refuses to talk to me) erected a heavy 6ft high wooden panel fence by screwing the large heavy panels to my dainty picket fence and its 3ft posts in the summer. All without my permission, I just came home one day and it was there.

 

I was worried it would all get ripped down in heavy winds, as my fence posts weren't designed for large solid panels, and in yesterdays storms I was proved right. One of my posts has been snapped in half and so has the frame of one section.

 

I'm looking for advice on a short letter to write to my neighbour requesting all their fencing be removed from mine to prevent further damage, but would also like to know if I can expect them to pay for the damage caused to my fence, and how I should approach that.

 

In their mind, I'm sure they'd now love to just replace my now half broken fence with their own large one, but I'd like to keep my fence as is (once repaired) and request they make whatever arrangements for a large fence on their own property, without physically affecting mine. Is that a realistic request?

 

Thanks!

[The Mould]

Never thought I'd be writing asking for advice on fences!

 

My neighbour (who refuses to talk to me) erected a heavy 6ft high wooden panel fence by screwing the large heavy panels to my dainty picket fence and its 3ft posts in the summer. All without my permission, I just came home one day and it was there.

 

I was worried it would all get ripped down in heavy winds, as my fence posts weren't designed for large solid panels, and in yesterdays storms I was proved right. One of my posts has been snapped in half and so has the frame of one section.

 

I'm looking for advice on a short letter to write to my neighbour requesting all their fencing be removed from mine to prevent further damage, but would also like to know if I can expect them to pay for the damage caused to my fence, and how I should approach that.

 

In their mind, I'm sure they'd now love to just replace my now half broken fence with their own large one, but I'd like to keep my fence as is (once repaired) and request they make whatever arrangements for a large fence on their own property, without physically affecting mine. Is that a realistic request?

 

Thanks!

Basedupon the material posted here by you, the neighbour has no rights recognised inlaw to attach any fence or indeed any building to your property.

Hisanchoring of his fence to your boundaryfence is unlawful, the two boundary fences ought to be separate to each othersince the boundary is not a party wall recognised on the plans to both yourproperties, check this with Land Registry and request a copy of the title deedsto your property in order to confirm this.

Write abrief letter to neighbour and request that he removes all fixings to his fencethat have been unlawfully attached to your boundary fence and that hecompensate you for the damage his unlawful actions have caused to your fence.

Give him21 days to put the matter right and make amends, failing which, you will takelegal action against him and seek your costs for such action becoming necessary. (the 21 days will give you enough time toobtain the required information from Land Registry as to establishing yourboundary and ownership of your fence which your neighbour has encroached upon).

State inyour letter that, you sincerely hope that legal action will not becomenecessary and that you hope that he willconduct himself in a reasonable manner in order to resolve this matter withoutsuch action being required to be taken against him in order to obtain a CourtOrder that will place your boundary fence back to its original state, advisehim that if such Court Order is granted against him and he fails to comply withit that he will be held in contempt of Court and can face fines and/orimprisonment for non-compliance of such Order of the Court.

I lookforward to hearing from you shortly (21 days) with your response hereto that contains yourunequivocal proposals to resolve this matter in a satisfactory and civilisedmanner.

Yoursfaithfully (Yours sincerely if you knowhis name)

Mrs X

Kindregards

TheMould

[Stillborn Crisps]

Thanks for detailed reply, TheMould, will give it a whirl.

[Clear33]

Stillborn Crisps,

 

I dont know much yet about these things - but I never thought I would be writing about boundary walls either!!

 

Good luck.

Clear33

[Lawrence McGinty]

Depends entirely what your deeds say.

 

It may be that it is he who has the right to construct a fence on the boundry and not you, or you the right not him.

 

If your picket fence is actually on your property then he has no right to erect his fence onto yours.

 

If neither of you have the rights to construct on the boundry then it would be what was custom and practice between you both regarding it.

 

If there was no agreements then there is an obvious dispute, you may want a low fence, the neighbour a higher one. It all depends on the differing circumstances should this go to court. Would a low picket fence be impractical should he have a dog, for eg?