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New fence

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  • Why do fences cause so many neighbourly disputes?    Our neighbour on one side has asked us to replace our fence with a taller one as he wants privacy.    I have told him I have no plans at present to replace it.     I don't intend to, as this neighbour has ivy growing all over and through it on his side, and brambles too.    The only gardening he does is to mow the lawn.     I won't put up a new fence for his ivy to ruin it, it is just too expensive to have this done.     I shall just continue to patch up the old one!

    Aren't non-gardening neighbours a pain?    I have them on both sides, and a hedgerow at the back which requires constant work.    Every few weeks I have to spend a day cutting back the stuff that comes through and over, and weeding the six inches all round to re-establish my boundary!   And I am not getting any younger!

  • I suggest you might write to him explaining exactly what you're doing and asking if he has any objection and, if so, to put that objection in writing. Say that you're marking the legal boundary in post and wire (needs only to be 2ft or so high) and then building your own fence on your land. Tell him that he is not at liberty to interfere with your new fence in any way, including allowing plants to grow up it. Record the present situation with photos, making sure there are some reference points showing the existing fenceposts and the new wire fence. Leave a couple of feet between the fences so that you can walk between for inspection and maintenance. Keep all this safely in case there is any dispute when either of you sells.

  • pr1mr0sepr1mr0se Posts: 1,173

    Boundaries can cause such problems it seems.  A couple of fence panels blew down in the wind between neighbour and us.  We've only been here since November, but she is a widow, so we propped the panels up, and asked her to get new panels in place and we would meet her half way on the cost (which we have done).  It's her fence - but why should we stand on legalities when there is someone who doesn't need the financial hassle?

    I like to think I'm a good neighbour - and I would do all that I could to help someone out.  But it seems there are lots of people for whom the word "neighbourliness" never entered their dictionary.  Their loss.  The world is a better place if you can get along with others.  And when you can't - well that suggestion of wire to mark the boundary and a fence that is truly your own seems the only logical way to go. 

    Hope it all works out for you.

  • TootlesTootles Posts: 1,469

    I was thinking the same as Jo. If you do put up a new fence on your side, do you have any legal rights if his plants grow up it and break it in future? After all, he would then be damaging your property.

    there is some case law I recall from uni; Ryalnds v Fletcher. I think it set a president on the theory of something from one property effecting another (but that was a while ago)!

    i have a similar situation with a flat I rent out. The configuration is such that along one elevation I get the back gardens of 5 properties. One is an old lady who says she can't afford to deal with her ivy. It has destroyed our lovely Victorian wall and has even grown down our side and up the house. She says her son won't help her. I volunteered to go around and cut it back myself but when I got there the garden was so overgrown that I physically couldn't reach the back. What to do? Just have to keep cutting it back from our side. It's so frustrating though. 

  • Lou12Lou12 Posts: 1,149

    It's infuriating, you do wonder why when people become so infirm and their property is falling to bits why they don't sell up and move into manageable accommodation? I visit people at home who have ceilings falling in or who have had the top floor completely sealed off so they can live downstairs and keep the heat in.

    If that was me I'd sell up, use the cash as extra pension and find myself a nice cosy flat near the shops!

  • Lou12Lou12 Posts: 1,149

    WOOT the fence guy is here and he is getting rid of all the old stuff and putting the new posts in. Mrs Nosey at the bottom of the garden has already appeared and tried to tell him how to do his job - we had a laugh about that. He has been warned not to touch my feral cat, she is very handy with her fangs The mother of all rain is predicted so we'll see how far he gets, what fun image

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