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Cutting down a fence ....

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BanditsHigh
Worse than a woman



Joined: 21 Mar 2005
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PostPosted: 13:28 - 27 Nov 2021    Post subject: Cutting down a fence .... Reply with quote

For years I've said to the numpties next door (aka neighbours) that their fence is on my side of the boundary line between our properties.

They've just paid to have a new fence put up and I politely requested that they put the fence posts on their side of the boundary line, only to be met with a barrage of shouting and swearing (I'm not adverse to a bit of swearing, but try to be civil mostly).

I didn't stop the guys being paid to put the fence up from doing their work, as it's not their problem and didn't want to cause them hassle.

From the land registry it looks like the boundary line is basically midway between the properties, which I duly measured and set out a line to show it ... however I do realise I now need to pay for someone to actually legally establish where the boundary is.

If I'm correct then I take it I can go to court to get them to move it, but I really don't have the money to do this.

Soooooooo .... if I can legally prove they have built the fence on my land, am I legally allowed to remove it (cut it down) without fear of being prosecuted.

All the best ... Barry
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Nobby the Bastard
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PostPosted: 13:39 - 27 Nov 2021    Post subject: Reply with quote

How long has the fence been in the wrong place. You may well have lost that to them for not enforcing it in the past.
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BanditsHigh
Worse than a woman



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PostPosted: 13:57 - 27 Nov 2021    Post subject: Reply with quote

^^^ It's been quite a while, although I have said to them quite a few times over the years that it's in the wrong place ... and yes I'd thought about that!

I wasn't in when they did the last fence so didn't get a chance to measure up before they did it!

It sickens me that there is probably feck all I can do about it, well apart from taking a chainsaw to it ... but it'd probably end up with me having to pay for another new one to be put up.

I'd like to put the chainsaw up where the sun don't shine ... but I really don't fancy spending my later years worrying about soap and showers!!

I'll start off by trying to establish legally where the boundary should be, then take it from there!

All the best ... Barry
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Ste
Not Work Safe



Joined: 01 Sep 2002
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PostPosted: 14:01 - 27 Nov 2021    Post subject: Reply with quote

Is the house owner occupied?
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Tracey Suntan-King
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Joined: 10 Nov 2012
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PostPosted: 15:05 - 27 Nov 2021    Post subject: Reply with quote

My professional and personal experience is that boundary disputes are expensive, lengthy and any victory will be pyrrhic because the winner is broke and hated by the people next door!

It's expensive not just because both sides will need a solicitor, a surveyor, local authority input and possible other "expert" advice. Costs of the other side may be ordered from the loser.

It is worth noting that when plots were drawn and mapped the width of a pencil-line could be actual feet & inches in real life. Meaning that it is next to impossible to prove where a boundary originally/actually lies.

My advice is to mentally reset. Stop letting it upset you, because the emotional, time and financial cost of legal challenge just arent worth it.

TL:DR Live with it

HTH

TSK

XX
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BanditsHigh
Worse than a woman



Joined: 21 Mar 2005
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PostPosted: 15:27 - 27 Nov 2021    Post subject: Reply with quote

Ste wrote:
Is the house owner occupied?


Both are.

Tracey Suntan-King wrote:
My professional and personal experience is that boundary disputes are expensive, lengthy and any victory will be pyrrhic because the winner is broke and hated by the people next door!
....


I know, and there is no way I can afford to take it through the courts!

It just sickens me that I tried to be reasonable but they didn't even try to be ... not bothered if they hate me or not, couldn't care less!

As I've said, I'll see how much it costs to check where the boundary is legally, and if that isn't too bad and it is possible to prove they are on my land then I'll see how it goes from there.

I have a chainsaw at the ready Wink

All the best ... Barry
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Tracey Suntan-King
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PostPosted: 15:45 - 27 Nov 2021    Post subject: Reply with quote

Barry, I know how horrible it can be. Obviously you can buy copies of their and your title plan from the Land Registry but there are no measurements on them so it still a hollow exercise. Or can you get plans from the local authority planning dept if the houses were built relatively recently.

Two more caveats though.....

Chainsaw = criminal damage if you saw up something that's not yours.

Boundary disputes have to be disclosed to purchasers when you sell Embarassed

It sucks, so, why don't you consider non boundary-related revenge? Twisted Evil

Examples might include unsolicited food deliveries, registering them for every junk mail delivery you can find, order sex toy catalogues, russian brides, baldness, impotence cures for him, incontinence pads and pile ointment for her. Laughing
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stinkwheel
Bovine Proctologist



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PostPosted: 16:28 - 27 Nov 2021    Post subject: Reply with quote

Is there enough of a gap between where they've put their fence and the boundry line for you to plant a row of 15 Leylandii? Or build a wall? Or to stand on your land and paint the fence a stupid colour? Laughing

And if there isn't. Wind your neck in.

Get the workers back in while they are away and move it to where it's supposed to be?

Even if it's been up a long time, they would need to base adverse posession on a deed of title.

Ex council houses usually have very detailed boundry provisions in their title deeds.
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stinkwheel
Bovine Proctologist



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PostPosted: 16:30 - 27 Nov 2021    Post subject: Reply with quote

Also, it's not THAT expensive to send a solicitors letter. Might be enough.

Log any abusive behaviour. Property disputes nothwithstanding, it's a lot easier to have something done about antisocial behaviour.
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MarJay
But it's British!



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PostPosted: 17:07 - 27 Nov 2021    Post subject: Reply with quote

Don't start vandalising shit, they'll take you to court and you'll have to pay for it, and you'll be on the back foot. So it's exactly the same as if you took them to court, except you absolutely get f*cked instead of maybe.

If it's only a few centimetres of land then I'd just let it go. Keep it in the back of your mind until you sell and point it out to the new owners, or until you can afford to get the boundary enforced in a legal way.

If it's a huge amount of land, then take it to court somehow. You don't really have any other choice other than massively pissing your neighbours off.

Imagine if they were posting on here. What would they say? "We were getting a nice new fence and our neighbour (who is a bit crazy about the boundary) came out and started shouting the odds." Doesn't look so good from your side, especially if you start f'in with the fence now.

Legally or not at all, that's my advice.
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BanditsHigh
Worse than a woman



Joined: 21 Mar 2005
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PostPosted: 17:26 - 27 Nov 2021    Post subject: Reply with quote

Thanks for all the replies ... it's helping me stay calm!

I wish I was a nutter, I'd be out with the chainsaw tonight if I was ... but I really don't want to get jailed or even in trouble with the law!

I'll bide my time, I'm good at that .... I still remember feckwits from primary school that I'd like to get even with ... and in that time I can maybe come up with something to exact my revenge Twisted Evil

I won't be selling, I'll be here until I die (which may not be long after my heart attacks back in September) ......... hopefully I'll outlive them and get to piss on their graves.


I do like the idea of the Leylandii Thumbs Up

It'd next right next to my garage, so roots might be a problem ... but I think the roots would head for their side and start punching up through their tacky sandstone paving etc before damaging my garage foundation.

Also, they'd be sandwiched between the garage and the fence, so might not grow very well to begin with, and I'd need to make sure they didn't damage my garage roof .... but the thought of blocking all light to their garden is very appealing Twisted Evil

All the best ... Barry
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Easy-X
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PostPosted: 17:55 - 27 Nov 2021    Post subject: Reply with quote

Every time my neighbour gets a new fence (3 or 4 times in the last decade) I'm always very nice to the workmen. I reckon my garden's about 3 foot wider than when the house was built Smile
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Raffles
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PostPosted: 21:59 - 27 Nov 2021    Post subject: Reply with quote

I moved into a property about 2 years ago and found myself in a not dissimilar position to you (trees not a fence). In spite of discussions prior to my taking possession of the property, the neighbour welshed.
I spent many sleepless nights, all of the time remembering the words of a lawyer saying that most of his income was derived from funny looks and boundary disputes. Eventually I took the law into my own hands and ripped the fuckers out. That was about six months ago and although the old bat has savaged me over other issues on several occasions since the event, she hasn't mentioned the trees.
I reckon that she knew that she was in the wrong, though legally I was probably on a very sticky wicket.
I was lucky. You may not be!
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stinkwheel
Bovine Proctologist



Joined: 12 Jul 2004
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PostPosted: 00:43 - 28 Nov 2021    Post subject: Reply with quote

Raffles wrote:
I moved into a property about 2 years ago and found myself in a not dissimilar position to you (trees not a fence). In spite of discussions prior to my taking possession of the property, the neighbour welshed.
I spent many sleepless nights, all of the time remembering the words of a lawyer saying that most of his income was derived from funny looks and boundary disputes. Eventually I took the law into my own hands and ripped the fuckers out. That was about six months ago and although the old bat has savaged me over other issues on several occasions since the event, she hasn't mentioned the trees.
I reckon that she knew that she was in the wrong, though legally I was probably on a very sticky wicket.
I was lucky. You may not be!


Nah, trees are a known thing. If they are on your land, or even just overhanging the boundry you can cut the parts of them encroaching on your land (in this case, all of them). If they are her trees, you have to offer her the wood back or it could be theft. You can't just bung the cut branches over the fence, that could be fly tipping. So you cut down the tree/branch, offer her the wood back, she tells you to fuck off, you fill your log pile, job jobbed.
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“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.
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stinkwheel
Bovine Proctologist



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PostPosted: 00:45 - 28 Nov 2021    Post subject: Reply with quote

What would be laugh-worthy in the OPs case would be to send the neighbour a bill for ground rent like people do with telegraph poles on their property....
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Diggs
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PostPosted: 01:29 - 28 Nov 2021    Post subject: Reply with quote

Listen to Ms Suntan-King and let it go. I get involved in this sort of nonsense for a living, and as she rightly says, the thickness of a line on your deeds is magnified on the ground. To be precise, your deeds will almost certainly contain a plan at 1:1250, and assuming you are looking at a copy based upon the current O.S., the line will be in red and about 1.2m when projected on the ground. The actual boundary in law is the outside edge of the red line. To compound the problem, deed plans don't have dimensions and the O.S. base isn't accurate, so you are on a hiding to nothing trying to work to mm.

You could employ someone like me to give a view on where the boundary is, but it can only be a view for the reasons stated above. What I try to do in these situations is have both parties on site when I survey and get both to agree to wherever I put my markers there and then. I can then produce a Land Registry compliant plan in pdf which is printed at 1:1250 and sent to the Client's solicitor, who then sends a copy to the other side and assuming neither side has had a change of mind about where my markers went, the boundary can be agreed and any land transferred as necessary via a conveyance. If either side disagrees it can get very expensive and you really don't want to get in the middle of that...

I hope that helps.
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BanditsHigh
Worse than a woman



Joined: 21 Mar 2005
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PostPosted: 12:20 - 28 Nov 2021    Post subject: Reply with quote

^^^^ Thanks for taking the time to reply, and yes I understand what you are saying ... I'll check the deeds and if it has specific measurements, which prove they are on my land and it's not going to cost too much then I'll screw them in court ... otherwise, I'll let it go and deal with it in other ways.

My first action will be the six foot wall I'm about to build down the driveway, running from the front of the house to the road ... it'll annoy the hell out of them, but feck all they can do!!

All the best ... Barry
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Diggs
World Chat Champion



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PostPosted: 13:39 - 28 Nov 2021    Post subject: Reply with quote

Quote:
My first action will be the six foot wall I'm about to build down the driveway, running from the front of the house to the road


If it 'abuts the highway' and is over 1.0m in height it will need planning permission. Your neighbour could cause you bother with this. Also, depending upon the age of your house there may be a restrictive covenant preventing such things. Also, again depending upon the age of the house there may be a planning condition removing permitted development rights. These things aren't always that simple!
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yen_powell
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PostPosted: 19:50 - 28 Nov 2021    Post subject: Reply with quote

Diggs wrote:
Quote:
My first action will be the six foot wall I'm about to build down the driveway, running from the front of the house to the road


If it 'abuts the highway' and is over 1.0m in height it will need planning permission. Your neighbour could cause you bother with this. Also, depending upon the age of your house there may be a restrictive covenant preventing such things. Also, again depending upon the age of the house there may be a planning condition removing permitted development rights. These things aren't always that simple!
I think you might need planning permission if it is a boundary with another property as well.
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Diggs
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PostPosted: 20:49 - 28 Nov 2021    Post subject: Reply with quote

Quote:
I think you might need planning permission if it is a boundary with another property as well.


Generally you can have up to 2m high between dwellings if it doesn't abut the highway - see link.

https://www.legislation.gov.uk/uksi/2015/596/schedule/2/part/2/crossheading/class-a-gates-fences-walls-etc/made
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gbrand42
Could Be A Chat Bot



Joined: 23 Jul 2013
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PostPosted: 23:07 - 28 Nov 2021    Post subject: Reply with quote

You could try the old flowers delivered to the guy from a fictitious female and have the card say something like "Missing you so much, missing how you used to make me feel in bed, can't we try again?" and make sure they are delivered when the lady of the house is in. Might not help your boundary dispute but if she's got a short fuse and a big temper should make for an entertaining few hours.............
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lingeringstin...
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PostPosted: 23:35 - 28 Nov 2021    Post subject: Reply with quote

Have saws, will travel. Cheap rates.
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Skudd
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PostPosted: 09:42 - 29 Nov 2021    Post subject: Reply with quote

I bought a new build house that didn't have a fence between the houses just a piece of wire. Told the new neighbours that I would go halves on the fence (I hadn't moved in yet as it was a new build) but I wanted to be around when the fence was put up. Surprise, surprise it was put up without telling me. The 4" posts were put on a boundary line determined by the neighbours, the back of the post put on the line so that the 4" of the post were in my part, then the two inch posts that the 3/4" slats were nailed to put on top of that, so the fence in total was 6 3/4" into what was my land. this was a 80' length of fencing so the neighbour gained a few square foot of land. My Dad who was a retired architect and surveyor looked it over and said that they were at least a foot over on my side before the fence was even put up, but the cost of fighting it and having the fence put in the correct place wasn't worth the stress or the money so I left it. It did mean that I couldn't get the bike up the side of the house easily so had to use the integral garage at the front for the bike.

Needles to say when the same neighbour built a garage at the side of his house I stated that nothing, including guttering was to come over on to my land. He did try, but ended up sulking when he didn't get his way.
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BanditsHigh
Worse than a woman



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PostPosted: 19:32 - 29 Nov 2021    Post subject: Reply with quote

^^^ Feckin scum ... that's what really pisses me off, you try to be reasonable and get walked all over .... never mind, it may take years, but I'll figure out some way of getting even!

All the best ... Barry
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Ste
Not Work Safe



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PostPosted: 21:08 - 29 Nov 2021    Post subject: Reply with quote

You could just take the fence panels in the middle of the night and then deny any knowledge of said fence panels going walkabout.
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