Neighbour fence issue

Associate
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Evening

About a month ago we had a new fence put in front of our semi between our property and the adjoining neighbour - straight down middle of the front gardens / drives (perpendicular to front wall of building).

Previously there was a big hedge of conifers there - a couple of which were dead.

Had green light for hedge removal from neighbour before doing any of this obviously - them mentioning hedge a few times was one of the reasons we did it, main reason being for us to more easily get down the path to our own front door.

When install was done a pipe was found between the properties just on our side of the line the fence would run - fence bloke advise moving posts 1.5" toward neighbour to avoid any issues if poss, spoke to neighbour who agreed after having a look.

Fast forward a few weeks - neighbour wants fence moved as its to far onto their side.

I don't think moving it is an option - as will have to pay to have it removed, sort the pipe situation, and then get the fence put where it was meant to be in first place, plus a bit for materials (though I might be incorrectly assuming a concrete fence post can be smashed out of its concrete base!) - it's just going to cost too much to justify for me.

I don't think I have any choice but to remove it in this scenario if that's what they ask for - so I'm planning on removing the panels and gravel boards before having a crack at digging out the posts - leaving us without anything seperating our front gardens, and hopefully costing me nothing but my time and disposal costs. I've floated this idea to the neighbour and they don't appear to chuffed with this either surprisingly.

So my question! I'm sure they can ask me the remove the fence from their property as we have nothing in writing regarding the move toward their side - fair enough. But - can I be forced to have to move it instead? Without the fence our front gardens are completely open to one another - which makes the walls and gates around their property kind of pointless. I would replant the hedge at some point - but that's going to take a few years to look anything like a proper boundary - so just want to know if I have to provide one if asked in this scenario if poss!

Many thanks!

:)
 
Soldato
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Basically no. You can remove it and leave nothing there. Then let them pay for a fence.
 
Soldato
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Sound like total numpties if they are moaning about 1.5 inches. Tell them you got two choices you have a fence or have no fence but your not paying to move it. Cannot believe they have the audacity to even ask you to move it back but then again depends on if you want to get on with them at all as these petty things can escalate.
 
Associate
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@dholdi 1.5 inches

@Dave85 Definitely don't want to escalate anything with them - got to live next door so would like to keep them happy, we only moved in Feb 2019 and not going to be moving for a while. Just don't want to spend anymore money either!
 
Soldato
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Cool I get you on that front and you want to get on with them so I would just make it clear the fence comes down it doesn't go back up unless they pay for it as you had the okay from them in the first place. No fence no problem :D
 
Associate
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Tell them you're 'taking offence' :D at their reneging on the prior agreement and remove it.

Remove the fence section and replace it with some appropriate chicken wire or similar fencing. Still provides an accurate boundary and should annoy them sufficiently to ask you to put the other one back!
 
Soldato
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They agreed to it when it was being constructed, why should they be allowed to change their minds now?

Do you have legal cover with your home insurance?

I would leave it as is, if they want to pursue it through the courts they would be putting themselves at considerable risk of a massive bill for something that's a non issue.
 
Soldato
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Is it actually 1.5 inches to their side? Where is the real boundary in relation to the fence now?

Personally I’d just explain it can’t be moved because of the pipe and that is too expensive to move the pipe and effectively put a second new fence up. Rule this out as an option.

I’d give them the option that you either leave it up as agreed or remove it entirely, but you want them to contribute to the cost for removal as well given you’d agreed to place the fence over to their side slightly.
 
Soldato
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I am confused, neighbour says "yes move the fence over", now they say it move back...? Tell them to hop on
 
Soldato
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I'd definitely be telling them to pay for it to be moved.

What is the pipe for ? 1.5 inches is nothing, so i can't imagine it would even be interfering with the pipe if the fence was in the correct place.

Some pics would be helpful.
 
Caporegime
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If they agreed to its position then changed their mind I'd have no problems moving the fence but at their cost and they can arrange it.
 
Soldato
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It really doesn't, there could be a 3rd party, such as the fencing contractor
If it gets taken to court then they look at the balance of probabilities

Its a very dangerous game to think that you can just weedle out of a verbal contract

The OP hasn't mentioned a 3rd party though, so in this case it is meaningless.

I find it hard to believe anyone would argue over this tiny fence move after agreeing to it anyway, so perhaps they have encroached more than originally agreed.
 
Joined
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The OP hasn't mentioned a 3rd party though, so in this case it is meaningless.

I find it hard to believe anyone would argue over this tiny fence move after agreeing to it anyway, so perhaps they have encroached more than originally agreed.

Its not meaningless, you keep saying stuff like this thats just fundamentally untrue

Of course there is a 3rd party, the fencing contractor, there could be more.

So now you making stuff up like maybe they encroached more, maybe the OPs neighbours are morons who think a verbal contract is useless ;)

One thing that would go in OPs favour is the time. Why would a reasonable person take a month to have a problem with the fence?
If I came home and found someone had moved my boundary it wouldn't take a month for me to have an issue, I would do it instantly
Or maybe they didn't notice? Again well it can't have been that much of an issue then.

What often seems to be behind things like this is someone else, say a family member of the OP neighbours who says, "pfft I would allow someone to do that it could affect selling the property, I would tell them to move it", triggers the seeds of doubt and a change of heart
 
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