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Dismantling and Erection of a Garden Fence
4 Answers
I live in a terraced property with a long straight boundary down both sides of my garden - about 90 foot.
I have just returned from a 2 week holiday to find that my neighbour has taken down and put up a new fence between his property and mine. No prior consultation of such works was provided to me, though I note from the title deeds that the responsibilty for the upkeep of that fence ultimately lies with my neighbour.
In so doing he/the fencing contractor has accessed my land; poured concrete sporadically over my flowerbeds in putting in the new posts and damaged/removed/trampled over numerous shrubs, climbing plants, a rockery etc. He has also moved the garden boundary by placing the fence on my flowerbed.
Can someone advise me of what rights I have/can rely upon to ask the neighbour to remove and reposition the fence? Is a fence a "party wall" and should I have been notified (if so, how much notice)? Any general advice and recommendations as to what I can do about the damage to the garden would also be appreciated.
Many thanks
I have just returned from a 2 week holiday to find that my neighbour has taken down and put up a new fence between his property and mine. No prior consultation of such works was provided to me, though I note from the title deeds that the responsibilty for the upkeep of that fence ultimately lies with my neighbour.
In so doing he/the fencing contractor has accessed my land; poured concrete sporadically over my flowerbeds in putting in the new posts and damaged/removed/trampled over numerous shrubs, climbing plants, a rockery etc. He has also moved the garden boundary by placing the fence on my flowerbed.
Can someone advise me of what rights I have/can rely upon to ask the neighbour to remove and reposition the fence? Is a fence a "party wall" and should I have been notified (if so, how much notice)? Any general advice and recommendations as to what I can do about the damage to the garden would also be appreciated.
Many thanks
Answers
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Boundary disputes are tricky, because you need to balance the result you want against possible bad relations with your neighbour, which can lead to something of a hollow victory.
Your enighbour may be entitled in law to change his fence, but has a moral, and certainly courtesy duty to advise you in advance. He, or rather his contractor, does not have right to enter your property in your absence, without your permission and knowledge, and certainly not to damage your garden while he is there.
Take some photos of the new fence, the concrete, and so on, then have a polite word with your neighbour, and suggest that he might like to recompense you for the damage to your flowerbeds, inconvenience and so on - to be fair, he may be unaware of this dfmage, and be keen to put it right.
If he gets stroppy, or offensive, don't get into any arguments with him - withdraw and contact your solicitor. You can usually get some inexpensive, or even free advice on where you stand legally - if not, try the Citizens' Advice Bureau to see if they can assist.
Good luck, and keep in mind at all times the value of what you win, against what you may loose - neighbourly wars or attrition are sheer hell, and to be avoided at all costs.
1. A fence is not in any way, shape or form a party wall.
2. The owner of a fence can replace it without giving notice to anyone.
3. A fence is for the benefit of both sides.
4. By the nature of the work it is inevitable that a trespass of necessity will occur and that there will be disturbance on the non-owner's side.
5. In view of the benefit, trampled ground and plants and bits of concrete should be accepted and tidied up without adverse comment.
6. Stealing land by deliberately encroaching a fence onto another's property is serious. However I need to know by what distance in and for what length of the 90'0" you allege before I can make comment that may be of interest to you.
2. The owner of a fence can replace it without giving notice to anyone.
3. A fence is for the benefit of both sides.
4. By the nature of the work it is inevitable that a trespass of necessity will occur and that there will be disturbance on the non-owner's side.
5. In view of the benefit, trampled ground and plants and bits of concrete should be accepted and tidied up without adverse comment.
6. Stealing land by deliberately encroaching a fence onto another's property is serious. However I need to know by what distance in and for what length of the 90'0" you allege before I can make comment that may be of interest to you.
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