Neighbour fence issue

Soldato
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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.

Verbal contracts are almost impossible to enforce that is why nobody uses them. Its in writing or prepare for expensive legal battle over a fence. You would think if the OP had the neighbour agree in front of the contractor or any number of other witnesses then he would have mentioned it.

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?

He says a few weeks, that is not unreasonable.
 
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Verbal contracts are almost impossible to enforce that is why nobody uses them. Its in writing or prepare for expensive legal battle over a fence. You would think if the OP had the neighbour agree in front of the contractor or any number of other witnesses then he would have mentioned it.



He says a few weeks, that is not unreasonable.

Verbal contracts are not almost impossible to enforce, I think this is where you are going wrong. Obviously they tend to be use quite rarely due to the issues mentioned and how simple it is to evidence with a written note

The simple fact is the law doesn't differentiate between a verbal (oral) and a written contract. Its only when it comes to evidence that a written one makes it super clear.
The Ops problem is more along the lines of actually proving a contract was formed, which is exactly the same between oral and written, (offer, acceptance, intention to create legal relations, consideration and legality) the 3rd and 4th parts being the possible sticking points

A few weeks is reasonably weird for something thats an issue but if it was to go to court (and I doubt it going to happen in this case) the OP would use it as an item displaying potential change of mind.
Remember this isn't criminal, its not beyond reasonable doubt, its whats most likely in the views of the judge

The key point in proving a verbal contract is demonstrating evidence that supports a contract must have been in place, things such as making payments, doing work, a confirmation text message, that sort of thing.
But yeah never do anything you can avoid only having a verbal contract on and if you can follow up afterwards with something written if possible.
OP would have been far better moving the boundary inside his property than the neighbours.

OP may be best saying to them its your fence if you want it, but if you dont I wont be putting another up and see what they do
 
Soldato
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After re reading the Op i am confused.

The boundary used to be a conifer hedge. When that was taken up, did it not move the pipe or disturb anything ? I can't imagine it was an easy removal.

Surely if it was so much hassle to install a fence, that you had to move it by 1.5inches taking out the bush would of been alot of hassle too ?
I honestly think were talking about 1.5 feet here !

I mean surely if the bush was planted down the middle, and over both properties, they have gained some space. Cos a bush isn't gonna be 3 inches wide....

A pic might be helpful.
 
Associate
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Thanks for the advice all

its inches not feet! :)

This pic shows how much the fence needs moving by. After the move the fence post would be an inch or two to the left so its edge lines up with the edge of the brick work if that makes sense.

XgJhWwV.jpg


I'm sticking with removal plan I think - it doesn't sound like we can be forced into paying the cost of moving it if we don't want to from what everyone's said.


(And yes - new paving for that path is on my lockdown to do list :p)


Edits in response to some of the q's:
- Pipe is water pipe - comes onto property about 2.5 ft down between the brick post and the path shown above
- Have legal cover on home insurance, but don't think I want to consider going that way tbh
- Yes the hedge took up a lot of space, it would would intrude on the path even when well trimmed. Neighbour has probably gained 1-2ft back on their side (they use their side as parking).
 
Last edited:
Soldato
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I wouldn't bow to any pressure from them it's a nice fence, leave the ball in their court, they'll most likely relent.
 
Soldato
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Insane that they've even mentioned it and as above, I would expect the boundary to be central with the pillar but will be hard to verify.

I would just give them two options, leave the new fence as is or remove it with no replacement. Explain everything other option is too expensive.
 
Associate
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You say you want to maintain good relations. Do you think that crossed their heads when they told you to go ahead at your expense... and then decided they didnt fancy it.... and you should fix it again to suit them.. again at your own expense!
Its a nice fence, i'd leave it as it is. If they bring it up just mention the expense you paid out (which you didnt ask them to contribute towards!) and the fact they said it was ok.
 
Soldato
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That is a nice fence and looking at that I suspect it is probably close to the actual boundary line. I would do my homework find where the boundary is if possible as it might be on your side then your in a great position. I would really love to hear the neighbours justification considering by removing the hedge they have gained significant space. Possible explain you will be planting a hedge back again and they will lose more space than gaining by removing the fence?
 
Caporegime
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Thanks for the advice all

its inches not feet! :)

This pic shows how much the fence needs moving by. After the move the fence post would be an inch or two to the left so its edge lines up with the edge of the brick work if that makes sense.

XgJhWwV.jpg


I'm sticking with removal plan I think - it doesn't sound like we can be forced into paying the cost of moving it if we don't want to from what everyone's said.


(And yes - new paving for that path is on my lockdown to do list :p)


Edits in response to some of the q's:
- Pipe is water pipe - comes onto property about 2.5 ft down between the brick post and the path shown above
- Have legal cover on home insurance, but don't think I want to consider going that way tbh
- Yes the hedge took up a lot of space, it would would intrude on the path even when well trimmed. Neighbour has probably gained 1-2ft back on their side (they use their side as parking).

Tell them to get rid and erect a new fence at their own expense or to take you to court
 
Soldato
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Have you seen a copy of the boundaries from the land registry?
Have you ever seen them. They're not as accurate as your thinking, more a case of rough location and which ones you responsible for. Not the exact mm location.
 
Soldato
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Having read this thread, seen the pic and been educated on verbal contracts this is what I think:

You had good reason to place the fence where it is, and only moved the fenceline as far as needed.

You got their agreement informally and only put up the fence when agreement was reached.

Based on these facts, I'd stand firm and say to them you've built it to the agreed specs and that's where it's staying.
 
Associate
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Have you seen a copy of the boundaries from the land registry?

Yeah have have all that from when we purchased. Land registry stuff is pretty useless for this kind of thing I think as it's a very thick line on a small map with very few details. As it's a pair of identical houses that are semi detached we think the boundary should be interpreted as the middle of the party wall in the centre of the building - neighbour agrees I believe.

I think if gets moved the 1.5-2, inches as proposed it would straddle the boundary exactly, as it stands the posts probably touch the imaginary line but the bulk of it is deffo the neighbours side.
 
Associate
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Who owns that brick post, who's land is it on?
If it's shared, fence would be in the middle. If it's yours, you could argue it could go fully to the right, or the left if it's on their property.
Either way, it would look best in the middle, who ever owns it.
The fact they've gained so much from the hedge being taken away and there's a brand new decent looking fence there, they should be laughing.
I know you don't want to fall out, but I would over something like that. I certainly would not be taking it down!
 
Associate
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Thats crazy that they are moaning about that really. Not like they can even do anything with the extra 1.5 inches they'd gain.

Neighbours can be a funny bunch. A friend of mine replaced the front drive/garden fence. Paid for the lot even though it wasn’t clear who was responsible for the fence. Spoke to the neighbour throughout the whole process, checked with them that they were happy with the fence etc.

The neighbour watched the whole fence being installed and only when it was finished complained it was in the wrong place. The ‘error’ was under 25mm.

The neighbour caused my friend so much grief over the whole thing.

The funny thing was that about 6 months later the neighbour was getting a rear extension built and asked my friend if the builder could access his back garden through my friends back garden. To make it easier to get equipment and building materials to the building site. After the grief he caused about the fence you can imagine my friends answer.
 
Soldato
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When they go out one day just move the gate post over so it looks like you've moved the fence




Yes I know how much a pain moving gate posts is.
 
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