The Snug Rhino

the fence (mine) between my house and next door was destroyed by 10 years of brambles allowed to go nuts all over it...next door is empty 11 months of the years and owner lives overseas - hasnt touched his garden in years.

i had some builders pull down the wrecked fence and replace with a wall - in doing so they cleared his sh1theap of a garden near the fence.
he has now complained that the wall is 2.5cm (yes...that little!!!) over the boundry - its impossible to be that acurate but leagaly - if he pursued it - he would win as i didnt follow the party wall act and inform him (i thought he'd be happy his dump was cleared up!)

anyway......wall will have to come (maybe) and be replaced with god knows what.

this has now pissed me of so can i go via small claims to cover the cost of my replacing the original fence as his plants destroyed it? and what evidence would i need of that???

vindaloo

IMO as I'm merely old(ish) rather than legal-eagle.

Unless you've got some sort of documentary evidence and/or photos of the gardens as they were, and/or are able to get sworn statements from other neighbours... umm...

I think you've got some legwork to do.

BTW... 2.5cm, that's an inch, isn't it, in old money?

J.

r32

Ask him to prove the amount before you do anything.

Pete The Biker

Has he demanded that the wall comes down - or does he just want a bung to shut up?


Pete

Brendan Hughes

Get an ASBO on him.

sociopath

I expect your neighbour has been wanting to get one over on the pretentious **** next door for some time. Every dog has its day!

Dunk

iTrader: (1)

Offer to use a disc cutter to trim the 1" off his side to appease him.
(Given the choice of rough cut wall or a nice one 1" inside your boundary, what would you choose ?)

D

The Snug Rhino

ok - he has now allowed it to carry on but said he still thinks im taking his land because i built the back of the wall flush with the back of the 4" fence posts that held up my old fence - thus assuming my fence posts were on my land. He belives the post are ON the boundry thus 2" of that posts width is in his garden...and now 2" of my wall is as well.

Leslie

He is a prat with no thought for others!

Les

richardg

offer to treat the wall as being under joint ownership, subject to him paying half of the cost.

r32

Ask him to prove it......
Insist fence posts were on your property, he wont know what to do then...

GC8

I wouldnt concede that I hadnt made him aware of my intention to alter the boundary wall. A man absent for eleven months a year would struggle to convince anyone that he was on top of his correspondence.

Sociopath makes an interesting point of course.....

The Snug Rhino

i'll take your word for that...i assumed he was a **** so has been on my ignore list for a long time

davegtt

Chrisgr31

Who owned the previous fence? If the posts were wholly his side, then he potentially did. In which case he would be right as the fence itself would be on the boundary. If the panels ran between the posts then it is more complex!

Moral of the story is not to assume anything with neighbours!

Jay m A

iTrader: (2)

So hang on, the fence posts were on his side but he didn't complain then?

There is a law somewhere that states that if something has been accepted as the norm for a certain amount of time (irrespective if it is breaking some rule) then it superceeds that rule. Cannot remember the name of this particular practice but could be worth pursuing if it goes further.

Also what evidence does he have that your fence beforehand inclusive of posts wasn't all on your side anyway?