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Hi all

 

Just when you think it's safe to go back in the water...

 

I got a letter (recorded but postman just posted it, so not signed for!) from the neighbor asking me to remove the fixings (4 screws and a bit of wire) from his fence within a mo

nth as I have no legal right and didn't ask permission and once this is done to not lean anything on his fence... Any damage caused is criminal and I would be liable for costs!

 

Thoughts please?!

 

Cheers

 

E

 

 

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what fixings?

nothing to do with damaged cars so explain yourself in full.

What fixings, when were they put there, when did he build the fence ( boundary disputes are a judge's worst nightmare so let him do his worst as alrady suggested)

Not a criminal offence to lean stuff up againt a fence but if you are stuid enough to place things there that are so heavy it damages the fence then yes, you will be paying for it so agin is there a reason he mentions this?

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The front fence (neighbours) is/was falling apart so when my builder was doing work for me I asked him to fit one of those bamboo fence things to basically cover up the messy look. He did this and used four screws and some wire to hold it up, which he attached to the neighbors falling apart fence posts.

 

The fence was there before he moved in, the bamboo thing was added maybe two years ago? It is not heavy at all, so the only damage would be screw holes into a rotten fence.

 

I believe the reason for the letter is retaliation after getting four parking tickets for parking over my dropped kerb and a letter from environmental health after their officer was in our home for a hour listening to his music which was borderline abatement order.

Edited by NGEddie

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Can I check please, does this have anything to do the problem you had when you started this thread last December, the altercation that damaged someone's car? Is the neighbour who has written to you about the fence the same person involved with the car incident?

Edited by Ethel Street

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Yes it is the same person.

 

I didn't want to start a new thread as is connected?

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Before doing anything make sure you take a detailed photographic record of the condition of his fence.

 

I don't think your neighbour understands the law very well. 'Criminal damage' is a criminal offence but, in general, is only relevant if you deliberately damaged his fence, ie if what you did was done for the purpose of damaging his fence. Assuming that's not the case there's unlikely to be criminal damage. There could still be a civil claim for damages.

Edited by Ethel Street

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Really, civil claim for damages? is this one that a judge would groan about and wouldn't go anywhere?

 

At the end of the day I could just take the screws out and prop battens against it, but the person has caused so much aggravation I am loathed to! 

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so no absolute certainty as to who owns the actual fence and as it is in disrepair he is not in a position to complain about your efforts to make it safe. Certainly no damage has been caused and if the fence is in disrepair how can he sue for a loss caused by your actions? You have probably made it last another year or two so saved him money.

 

i'm sure that this is just another attempt at trying to persuade you that he is right in all matters and would be treated as harassment if you were bothered to make a meal out of it.

If he parks on a dropped kerb it wont matter whose house it is in front of he will get a ticket but it could be read that he is deliberately parking in such a manner to cause a reaction.

As suggested, take pictures and do not respond to this letter, he wants to get a reraction and wont be happy until you admit that you owe him money for the acr, the fence and that killed the dinosaurs, not a meteorite impact.

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10 minutes ago, NGEddie said:

Really, civil claim for damages? is this one that a judge would groan about and wouldn't go anywhere?

 

At the end of the day I could just take the screws out and prop battens against it, but the person has caused so much aggravation I am loathed to! 

 

I just meant that in principle someone could bring civil claim for damages against a neighbour for damaging a boundary fence but not a criminal prosecution for criminal damage. I'm am not saying your neighbour could bring such a case against you successfully.

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Correct, no absolute certainty as to who owns the actual fence whatsoever. It is all broken and messy hence why the bamboo thing seemed a quick fix to help it.

 

The parking it deliberate without a doubt. But really, who with any sense would get parking tickets…and still keep doing it?!

 

I shall get some photos yes!

 

The anti-social behaviour team are aware of all this going on and deciding how to deal with it, although I don’t really know how much good it would do!

 

Thanks for the advice, yet again!

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8 hours ago, ericsbrother said:

I'm sure that this is just another attempt at trying to persuade you that he is right in all matters and would be treated as harassment if you were bothered to make a meal out of it.

If he parks on a dropped kerb it wont matter whose house it is in front of he will get a ticket but it could be read that he is deliberately parking in such a manner to cause a reaction.

 

I was thinking more about this, as yes it does feel like harassment.

 

1. Parking over our dropped (a couple of years but does it more now) to make it difficult getting in and out - had parking tickets and still does it

2. Playing loud music at random times - witnessed by env officer and warning letters sent

3. At rear of property there is a shared lane, he is at the end facing in and we all face along. Has concreted a bit outside his garage door and gone well into my part (doesn't really bother me but its wrong!)

4. On the broken front fence has previously moved panels so they stick into our garden.

5. The stupid letter about a few screws on the middle front fence.

 

All these things are like an immature teenager/kid/very pathetic idiot but can get to you if you let them.

 

What options would there be for me?

 

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well, as the council have ticketed him for the parking you can report that if it persists but other than that doing nothing and let him just push against air will be the best move.

Does the concreting impinge upo anyone else's use of the track? if not ignore it if it helps him move his car about.

 

I had a frined whose neighbour kept trying to acquires his and other people's land by moving fences, putting stakes in the ground to encroach and the putting up no parking signs on the stolen land. One day a group of use went as a working party to remove all of the posts, trim hedges chuck the no parking sigsn away etc i full view of the miscreant. My friend then gave her a copy of the surveyors report commissioned to show the original boundaris and said that if she disagreed she should pay for her own survey and he would consider mediation on the disputed parts. he also put a soldid metal stake in some grass that was his land that she parked on to claim ownership that protuded just enough to rip the sump out of any vehicle other than a tractor ( if was  next to what was a farm lane).

Not a peep since.

So keep quiet but log everything and do a bit of digging into the past re the fence and the lane, ie who owned them ( and the lnad) before you were there and so forth

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