Neighbour fence issue

Soldato
Joined
5 Mar 2010
Posts
10,198
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!

I assume you're the sole owner of the fence - i.e. it's not shared?

The neighbour could go through the courts to have you remove the fence from their property, but they wouldn't be able to insist you move it to a specific location at your expense. Basically you could remove it and leave a gap there, and it would then be down to the neighbour to erect their own fence.

It's very petty to argue over an inch and a half of which they've probably not even noticed. The most stupid part about it is if they have to pay to have their own fence erected, it'll go in exactly the same place because of the pipe on the boundary line. This would definitely be worth mentioning to them as they've probably not thought this through.

I would call/speak to them and say they've got 3 options
- You will remove the fence at your own expense, but will not be re-erecting the fence and therefore leave it as an open gap - you have no obligation in law to fence your boundary* (*only in certain circumstances)
- You will remove the fence at your own expense, and they can pay for erecting their own fence - point out that this will most likely be in the same position due to the pipework on the boundary
- The neighbour accepts the position of the fence

If the neighbour accepts option 3 to leave the fence, then i would get them to sign an agreement to say they've agreed to the positioning of the fence. This will save some hassle in several years time if they decide to bring it up again.
 
Soldato
Joined
1 Mar 2010
Posts
17,135
Presumably, the fence looks as nice/identical, from the neighbours side too ?

The verbal agreement, could have been a miscommunication, depending, on the precision with which intended fence posts location, versus brick post, was expressed.

1.5" for (communal/yours/theirs?) pipe sounds like a small margin, does that, alone, gives acceptable access by utilities, or, yourselves.
 
Associate
Joined
22 Feb 2014
Posts
2,287
for 1.5" I wouldn't have even asked them, there is surely no way they would have been able to tell the difference.
Not helpful post I know
 
Soldato
Joined
1 Aug 2003
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3,796
Location
Cheshire
Agree, this is absurd. Push back, citing the agreement and lack of precision on boundary. It's not reasonable to ask you to remove it. If relatioships sour over this, I doubt you're any worse off - sounds like a proper knob!
 
Associate
Joined
29 Dec 2006
Posts
1,679
Previously there was a big hedge of conifers there - a couple of which were dead.
This is the most puzzling thing to me about all of this. Surely they have significantly more room now with a slender fence in place of a presumably thicker row of conifers?? :confused:
 
Associate
Joined
14 Jan 2003
Posts
1,125
Take fence down and leave it down. See how long before they ask when the panels are going back up.

Agreed. Just lift all the panels out and leave the posts in the ground. They are good posts and seem a shame to remove them.
I am sure they will see sense and ask for them to be put back.
I can only assume but I guess the lady of the house next door has gone all territorial and put pressure on her partner to complain.
 
Associate
Joined
9 Feb 2009
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1,337
Location
Up North
This is the most puzzling thing to me about all of this. Surely they have significantly more room now with a slender fence in place of a presumably thicker row of conifers?? :confused:

My thoughts as well - must have significantly more clear room.

The whole request to move the fence 1.5 inches is utterly ridiculous.
 
Soldato
Joined
1 Mar 2010
Posts
17,135
The whole request to move the fence 1.5 inches is utterly ridiculous.

if the neighbour had misunderstood where he was going to move the panel too, and/or, if the pipe is actually exclusively the op's then he might feel agrieved,
a piece of the jig-saw is missing.
 
Associate
Joined
11 Dec 2012
Posts
1,505
Location
Bangor - Northern Ireland
DO NOT Remove it :)

Let them take you to court its likely they will lose.

https://hmlandregistry.blog.gov.uk/2018/02/27/drawing-the-line-on-boundaries/

Its highly unlikely that the title plans show a 100% accurate property boundary. If you do decide to remove it, it would be worth the punt of £80 small claims court fee to try and recover full costs off the neighbours for the fencing, as based on the above due to the inaccuracy of property boundaries they might not win.

Make it look like in their favour, so based on the current wall position doing up a more accurate property boundary for changes going forward.
 
Permabanned
Joined
22 Oct 2018
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2,455
Offer him ownership of the fence, or you will remove it an not replace it. Let him decide. Then he can't really complain.
 
Soldato
Joined
22 Oct 2002
Posts
7,382
Location
Near Cheltenham
Minor observation, as you stated you erected a fence on your property, the fence posts should be within your boundary, thus if the brick post centre represents the official boundary, the posts should be towards your side of the centre line.. not a huge distance still, but more than 1.5"..

I've also learnt that just asking people on the spot and them saying it's OK does not mean they are really OK with it, as my neighbour is proof of, so I tend to just keep myself to myself and ensure I never encroach at all in anyway, it never ends well.
 
Caporegime
Joined
21 Jun 2006
Posts
38,361
Show us the full fence from the road.

And then from the other side so we can see it in full.

Pic is too small there could be a part that swings out by a foot for all we know.
 
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