Fence problem

[mnodding]

My wife and I live in a four bedroom property which we bought new two years ago. When having the property built, we were given the option of having a six foot fence placed around our garden (left hand side, and bottom ) at a cost of approx �900. Thinking it would give us some privacy, we paid and had the work done. We now have a neighbour on the other side of the fence, who has constructed decking up against the aforementioned fence, using it as one of the sides of the decking. We are concerned that we can not dismantle and reassemble our fence (with smaller gaps, not the current inch spacing), as his decking totally stops the nails from being removed on the bottom of the fence.

Also, whilst on holiday, he has attached a number of trellises and trailing planst to his side of our fence, which we are not happy about. We have asked him to remove them, but were told to speak to his solicitor.

Are we within our rights to require access to our fence to dismantle and reaffix it?(even though its impossible!)  We were not consulted about the proximity of his decking, or the attachment of hacnging baskets and trellises. Any advice would be greatly received..

[maggie01]

We have been there in the past and believe me unless it is a big issue with you it is just not worth the hassle you could get from this neighbour. Something which sounds so simple could end up giving you years of misery especially if a solicitor is involved.  It is best if you can get on with your neighbour even if it is from a distance.

[hinge1967]

Sad but maggie01 is probabnly right, I was nearly prevented from selling a house due to a boundary dispute.

[lady_p_gold]

I agree with what has been said, it could turn into a much worse situation and I must admit I have put trellises up on fences before now without really knowing if it was my fence or theirs.  If it really turns into a burning issue though .. a lot of people never think of applying for planning permission to put up decking and often they then have to take it down again when they get a visit from the local Planning Enforcement Officer !

[Lacey2709]

It's not worth the hassle, geting a solicitor involved.  You are required to disclose disputes when you sell your property.

If the neighbours' climbing plants grow over or through your fence, you are entitled to cut them back.  You are also required to hand the cuttings back to them!  That in itself is rather amusing believe me!

Think carefully before antagonising anyone though.  It could go on for years and get rather nasty.

[jampot]

Have to agree with all the above, too much hassle,and could go on for years and cost a small fortune. There is a good site called gardenlaw which deals with all that stuff, and the guys on there are good. By the way you are in the right, your fence is your fence and neighbours can not fix,hang or attach anything to it, good luck.