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Fence Install - do I have a problem?


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Can I ask for opinions on this one?

 

A neighbour living in the other half of a pair of semi-detahced bungalows that I rent to a long term tenant wanted to install a post and panel fence, for 'security'. He had an attempted break in because he had a big hedge at the front leaving the garden unsurveilled and no gate on his side-path. i.e. nothing to do with the fence, but hey-ho.

I removed some overgrown bushes which had grown across the boundary, where I also had a low wire fence.

 

My comments to the neighbour before their operations were to explain that my fence was on my side because that is what is required, and to make sure that their new fence was on *their* side.

 

Fence having been installed and inspected I find that their efwitted plank of a fence man has (photos below):

 

1 - Put a concrete post right up against the house wall bridging the damp proof course, which is just ignorant and amateurish - disgraceful for a so-called professional.

 

(My technique here would be to a) leave a 5" hedgehog width gap to protect the wall, or b) attach a wooden post to the wall starting above the DPC.)

 

2 - Put it exactly where my fence used to be i.e. against my wall in my garden. Seriously - what sort of steaming idiot cannot see where the boundary is in a pair of semis?

 

My questions:

a) How to tackle this? Clearly it could turn into a big problem if left to lie.

b) Is that damp-proof course bridge a serious issue on the outside of a cavity wall?

Technically of course I can require him to move it, or on failure so to do can have it done myself, send him an invoice and pursue via small claims if unpaid.

 

But what is a sensible answer here?

20240104-photo-fence-dpc-bridged.jpg

20240104-photo-fence-install.jpg

20240104-photo-median-line.jpg

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3 minutes ago, nod said:

Unlikely to be a problem 

You could ask him to slip a dpc behind the post If it only just gone in This could be done 

 

Yep, tap a wooden wedge in the top if it's tight and that concrete post will likely "bend" a 1/16". You'll have to slot the dpc where he's maybe screwed/bolted it to the wall.

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51 minutes ago, ProDave said:

Are you seriously going to start a neighbour dispute over the loss of 1" of garden that you don't even use yourself?

 

The saying give them an inch and they'll take a mile springs to mind.

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Only an inch? 

But it mattered enough to the builder to gain the inch rather than lose it.. Very deliberate.

Which face should be the fair face?

And its not an inch it is 3 by the looks of it.

 

Is the correct position of the other end obvious? Eg right angles from the house?

 

 

 

I've been there. Neighbour cut down a hedge and planted conifers on my side. Not for long. His missus told him to move them back.

 

Negotiate. After doing your homework.

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2 hours ago, Ferdinand said:

2 - Put it exactly where my fence used to be

This is what he has done wrong, he has replaced your fence rather than provided your neighbour with a new fence 🤷‍♂️.

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3 hours ago, ProDave said:

Are you seriously going to start a neighbour dispute over the loss of 1" of garden that you don't even use yourself?

 

TBF it's not an inch. After very careful conversations someone has demonstrated that they cannot find the midline of a row of six bricks, and overstepped - which says either it was deliberate, or someone is being at least inattentive.

 

The normal course of events after something like this is that more abuses will follow, unless it is nipped in the bud and *soon*, then consent will be de facto assumed for the next item, and dissent ignored.

 

The thing that concerns me is not a boundary dispute - which it is not since it is as plain as a pikestaff - but the argument in 10 years time when the next one goes in and I want it moved back.

Having said that I have long term tenants, and next door are a couple of oldsters there for the duration managed by their somewhat confrontational 5x or 6x son; it is quite possible that my Ts and the couple next door will do nothing awkward until someone dies. 

 

A "light touch" way of dealing with this would be to write a letter stating that for this fence I am giving him permission to put his fence on my land to shortcircuit future disputes; however I am not sure if that is sufficient - which is why I asked the question. Perhaps I need to say that as it is on my land it is my fence.

 

Another one is whether this is a one-step-and-done thing, which means I can cap it off without concerns for the future. Since it is a rented property things can easily happen that impinge without me finding out for a couple of months.

 

Still mulling. I can't let it go entirely uncommented.

 

@saveasteading

Is the correct position of the other end obvious? Eg right angles from the house?

 

I'm not sure yet. I'll check next time I'm down there perhaps. Since it's a bungalow I can't go upstairs and take a photo.

If there's a serious angle it will make me more likely to challenge.

 

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Did you contribute to the fence? If not a free, good quality, fence is likely to be worth more to your tenants and ability to rent then a couple inches garden.

 

Concrete posts will also mean it never needs replacing.

 

I don't think you've done badly out of this long term...

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I would just point out that the fencing man, has effectively replaced your fence, at their expense, as it is on your land. Wiggle in a DPC to stop a water bridge, or tell them to get fence man back to fix issue, as it will lead to a damp problem for you and them in the near future.

 

Say thanks for the new fence

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43 minutes ago, Russdl said:

It looks like the bricks have been cleaned (left side different shade to right side) in a straight line coincident with the new fence. What’s going on there?

 

TBH not sure - before I had a half round section attached to the wall with its far edge just my side of the halfway point between the windows since 2017, covering height approx 150mm to 1m, as an anchor for my mesh fence.

 

Perhaps it has been cleaned in line with my side of that?

(I can't be wrong in my call on the halfway point, can I? - It would have required one side or the other to have changed the window size.)

 

I don't think I have a photograph showing that section, even reviewing the Little Brown Bungalow renovation thread which applies to this dwelling.

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Re the bottom of the garden, there are usually clues such as old fence posts or a change in the style of fence.

 

How about you 'compromise' and get a written agreement that the fence can stay on your land.

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  • 4 weeks later...

Peppercorn rent for a specified period?

 

Land is yours. No ifs buts or maybes. But for the next 25? (life of fence?) years the neighbour can rent it for £1.

 

Agreement to include description of official boundary with respect to current fence.

 

That way he maintains the fence; you have no issues when selling the place etc.

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