Home and Garden

[abloads]

The fence between my garden and my neighbours needs replacing and I am responsible for this. I arranged for a local builder to remove the existing fence and install the new one. However having moved the old fence the neighbours are now claiming that the intended line of the new fence is on their land.The new fence cannot be moved nearer my garden due to a concrete pathway already in place. I do not agree that the fence will be encroaching onto their land but if it does it will only amount to halve the width of the supporting posts(4 posts) ie approx 2 inches per post. The fence panels themselves will definitely follow the line of the old fence.
The neighbours are not prepared to discuss the matter further and have said if I continue with the erection of the new fence as stated they will consult solicitors. As the alleged encroachment would possibly be minimal I am inclined to proceed and call their bluff. Any comments would be much appreciated.

[flyciderman]

You have admitted that you are encroching b y 2 inches. It is not thyour neighbours fault that you have a path in the way.

It sounds is if you need to understand what the real problem is, are they upset with the type of fence? Did you talk to them about it before you started? Have you a history of upset with them? I would not continue as you suggest as this will blow up and get out of control

[MustafaTickl]

If by any mischance the matter does go legal you will blight (render unsaleable) your property until it is resolved. These things sometimes linger for years, and if it proceeds to court the costs are usually surprising. I myself have never known an outright loser over a boundary dispute that went to court escape with a bill less than �35000, I have been associated with 4 who lost over �100000 and 1 that had to sell the property to pay the legals. In your case is the solution not simply to ask your builder to bring an electric Kango hammer to chop out small indents in your path so that the neighbours face of your posts is on the undisputed line and to make good your path after?

[flyciderman]

MustafaTickl has hit the nail on the head.

Do not get into a situation that is going to cost you large amounts of money.

You never know your neighbours might need a favour from you in years to come, then you can simle and think back to the issue of the fence

[johnizere]

Aren't some people pathetic?...for the sake of 2 inches, I wouldn't give a stuff if my neighbour was going to build a nice shiny new fence for me to look at. I had a lousy neighbour like that some years ago when I had to rebuild MY wall when HE knocked it down!(claimed the wind blew it over, yeah, yeah)....How I didn't bury him in the footings was a miracle!. Good Luck.

[rugeleyboy]

as a fencing contractor i can tell you that you are not alone in this situation!! we have had to down tools so many times due to these kind of disputes!

mustafatickl has said most of what you need to hear,go and see citizins advice is my only advice.....or ask the builder to bring a kango hammer!!!

PS.........if i was doing your job i would have great pleasure in singing very loudly and very Badly just to annoy your idiot of a nieghbour!!!!

[WendyS]

I think it would be very unwise to proceed if your neighbours are up in arms about the 2" intrusion onto their land as this dispute could blow up out of all proportion and sour relations with them indefinitely. Some people are pathetic about their rights and ignore practical solutions, but unfortunately that is their legal right.

What a pity you don't have a loud boisterous dog you could borrow to run wild between your two fenceless gardens and trample all their plants down !. Then they'd be begging you to get the fence up quickly regardless of the 2" encroachment. A spiteful person would erect a horrible rusty corrugated iron fence exactly on the boundary line and then erect a nice good looking fence immediately beside it within their own boundary. (Not that I'm suggesting you do this, but I could see why you might be sorely tempted to in the face of some unreasonable neighbours). Hope you manage to find a solution.

[Simeon]

Go and buy some Ivy seeds and throw them all around their garden when they are not in. Childish I know but very amusing

[Dom Tuk]

To all you people who think they have a very good friend in their very good neighbour. Erect a fence!!!