Advice regarding neighbour moving section of fence
Discussion
Last summer (i.e. 2009) I came home one day to find that the bloke next door was in the process of moving a section of the fence between our back gardens about 4 feet into my garden; when I asked him why he said that he was going to be knocking down the extension to the rear of his house and rebuilding it, and needed the extra space for a few months for access to the side of the extension.
This seemed reasonable to me as the gap between his existing extension and the fence is only about 2 feet, so I agreed to let him carry on, on the understanding that it was only for a few months and, as this also brought the drain into his garden (both our houses use the same drain but the drain itself is on my land), he offered to build a new cover over the drain as it tends to block up - which seemed a fair recompense for living for a few months without a bit of land that I rarely use.
However... it's now January 2010, he's had 5-6 months and has done precisely sod-all with his extension. Now I hardly ever speak to this neighbour (we've no history of disputes, just neither of us is overly sociable!) but I think the time has come to ask/demand that the fence is returned to normal. Moving the fence has brought my kitchen window into "his" garden which has cost me a bit of privacy (I ended up fitting a blind to the window) and also means that his yappy dog can stand right under the window and bark - highly irritating.
Question is, where do I stand legally should he put up a fight? I'd like to avoid any kind of dispute, especially one that involves the expense of employing legal professionals, so would like to be armed with a bit of knowledge before speaking to him!
Ta,
Jonny
This seemed reasonable to me as the gap between his existing extension and the fence is only about 2 feet, so I agreed to let him carry on, on the understanding that it was only for a few months and, as this also brought the drain into his garden (both our houses use the same drain but the drain itself is on my land), he offered to build a new cover over the drain as it tends to block up - which seemed a fair recompense for living for a few months without a bit of land that I rarely use.
However... it's now January 2010, he's had 5-6 months and has done precisely sod-all with his extension. Now I hardly ever speak to this neighbour (we've no history of disputes, just neither of us is overly sociable!) but I think the time has come to ask/demand that the fence is returned to normal. Moving the fence has brought my kitchen window into "his" garden which has cost me a bit of privacy (I ended up fitting a blind to the window) and also means that his yappy dog can stand right under the window and bark - highly irritating.
Question is, where do I stand legally should he put up a fight? I'd like to avoid any kind of dispute, especially one that involves the expense of employing legal professionals, so would like to be armed with a bit of knowledge before speaking to him!
Ta,
Jonny
Edited by Jonny_ on Sunday 24th January 18:14
t.
I'd just point out the problems you're having, and suggest that it gets moved back until the work actually starts. I suspect that there's more to this than meets the eye, so I'd force the issue and get some firm dates established if nothing else.
To be honest you've been more than reasonable already. If I came home from work one day to find my neighbour moving his fence further into my garden without my knowledge I'd go ballistic to put it mildly. I find the arrogance of someone assuming they can do something like that without asking absolutely staggering.
To be honest you've been more than reasonable already. If I came home from work one day to find my neighbour moving his fence further into my garden without my knowledge I'd go ballistic to put it mildly. I find the arrogance of someone assuming they can do something like that without asking absolutely staggering.
Piglet said:
Simpo Two said:
'Knock knock'
'Hello'
'Hi, I was just wondering how your extension plans are coming along?'
It's a lost art isn't it?! 'Hello'
'Hi, I was just wondering how your extension plans are coming along?'
Go and talk to the bloke, be big and brave...
If you fence in land and treat it as your own, it can become yours after 12 years. This can be rebutted if there is evidence that there was no intention for this to happen.
I suggest at the very least writing a letter to your neighbour, stating that the original change to the fence line was with your consent and on a temporary basis only. Ask him to confirm when he will be moving it back. Keep a copy. That should be sufficient evidence that you are not willing to let him acquire title to your land, and will be invaluable in 11 years time if there is a dispute at that time, so keep your copy safe, perhaps with the deeds to the house.
I suggest at the very least writing a letter to your neighbour, stating that the original change to the fence line was with your consent and on a temporary basis only. Ask him to confirm when he will be moving it back. Keep a copy. That should be sufficient evidence that you are not willing to let him acquire title to your land, and will be invaluable in 11 years time if there is a dispute at that time, so keep your copy safe, perhaps with the deeds to the house.
Piglet said:
Simpo Two said:
'Knock knock'
'Hello'
'Hi, I was just wondering how your extension plans are coming along?'
It's a lost art isn't it?! 'Hello'
'Hi, I was just wondering how your extension plans are coming along?'
Go and talk to the bloke, be big and brave...
This isn't a "what should I do" question, I'm simply trying to establish where the law stands before I go round for a word. Would like to be prepared and armed with a bit of legal knowledge just in case he turns out to be a genuine arse!
Simpo Two said:
Jonny_ said:
This isn't a "what should I do" question, I'm simply trying to establish where the law stands before I go round for a word. Would like to be prepared and armed with a bit of legal knowledge just in case he turns out to be a genuine arse!
Trespass?Jonny_ said:
Last summer (i.e. 2009) I came home one day to find that the bloke next door was in the process of moving a section of the fence between our back gardens about 4 feet into my garden
Too late now, but you should have stopped him straight away, that's outrageous.But as for now. Is there any evidence of where the fence used to be left? If there is you should be ok just moving it back if he gets shirty. However if he states that it was always there, and you can't prove it was, you're heading for trouble. You'll find that the records at the council will have your boundary drawn with a big thick pen, that translates to a few feet on the ground. You can see where this is going can't you....
Now, if the fence is out of line with the other gardens, if there are any, and the plans show a straight line, again not a problem as it's obvious it has been moved.
Jonny_ said:
Very good, now go back and read the original post as you seem to have somewhat missed the point!
This isn't a "what should I do" question, I'm simply trying to establish where the law stands before I go round for a word. Would like to be prepared and armed with a bit of legal knowledge just in case he turns out to be a genuine arse!
What legal advice are you expecting? its your land, go and ask him about it, say you want it back, if he's a dick about do as above rip it down and move it back, you were kind in the first place, you don't have to let him mug you off too.This isn't a "what should I do" question, I'm simply trying to establish where the law stands before I go round for a word. Would like to be prepared and armed with a bit of legal knowledge just in case he turns out to be a genuine arse!
Jonny_ said:
a bit of land that I rarely use
He may be in the wrong, taking the piss etc, but *does it matter*? You're annoyed because he didn't stick to what he told you, but play the long game and you might be better off eventually. He's not stealing your children.So you have three options:
1) Do nothing - in which case, yes, it might be there for years.
2) Go round and engage in light banter - get a timescale, express your feelings (politely) and leave on good terms. You might need a cup of sugar one day.
3) Start a fight and have a war that lasts for ever.
Edited by Simpo Two on Monday 25th January 12:27
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