Aks Posted December 31, 2024 Share Posted December 31, 2024 Hi We have fence owned by us which is damaged and we replaced and our neighbour is now claiming that her fence fell down due to our fence replacement but that is not true as her fence was laid on slope without retaining structure so she left the posts laid on our fence which caused our newly laid fence to collapse due to weight. Now we are planning to take legal action but not sure how much we need to spend. Does any one has this kind of bitter experience and please advise any other ways to solve and costs involved. Link to comment Share on other sites More sharing options...
Mr Punter Posted December 31, 2024 Share Posted December 31, 2024 What legal action are you considering? It can get very costly very quickly and will be bad for neighbour relations. It may also be considered a dispute which you would need to disclose should you sell your property. Is there any way you could both reach agreement to get the fence rebuilt correctly and the ground retained as necessary? It would save you both a lot of grief and money. Link to comment Share on other sites More sharing options...
joe90 Posted December 31, 2024 Share Posted December 31, 2024 53 minutes ago, Aks said: Now we are planning to take legal action Why If it’s your neighbour that is making claims, do you have any photos as evidence? If you’re convinced you are in the right then let them do the running around spending money. I think they will soon realise legal action will cost them more than repairing their fence. Also why two fences? Link to comment Share on other sites More sharing options...
Aks Posted December 31, 2024 Author Share Posted December 31, 2024 (edited) Actually it meant to be only one fence which is ours but neighbour wants more privacy on hill so they built one for them self as they make flat garden on slope without reinforcement of a retaining wall and their fence panel damaged before our works due to storms last year and we have all pictures and they left the fence posts to lean on our new fence which is now collapsed. the problem is now their soil, posts, blocks all are in our garden which they are not removing and not talking from start other than emails always saying us to built retaining wall for them. below is their fence and they have soil on their side above block how can it retain the weight on back. Edited December 31, 2024 by Aks Link to comment Share on other sites More sharing options...
Aks Posted December 31, 2024 Author Share Posted December 31, 2024 1 hour ago, Mr Punter said: What legal action are you considering? It can get very costly very quickly and will be bad for neighbour relations. It may also be considered a dispute which you would need to disclose should you sell your property. Is there any way you could both reach agreement to get the fence rebuilt correctly and the ground retained as necessary? It would save you both a lot of grief and money. I understand but from start they are just avoiding talking directly and they literally wants us to build retaining wall which will cost nearly 10k but this is not our fault and we have all evidences to prove but we are not sure does the legal costs will be cost us 10k or more or less Link to comment Share on other sites More sharing options...
nod Posted December 31, 2024 Share Posted December 31, 2024 Probably already said above Legal action isn’t the way forward Far to expensive Re build your fence and leave them to it Link to comment Share on other sites More sharing options...
joe90 Posted December 31, 2024 Share Posted December 31, 2024 You say that it’s their wall (built on their land ) or a party wall (built straddling the boundary.? ) . do you have legal cover on your house insurance? what do your land registry or deeds say about that wall/boundry. Just reply to their Email stating you disagree and will claim against them if their collapsed wall encroaches on your land or damages your fence and let them carry on. Link to comment Share on other sites More sharing options...
Aks Posted December 31, 2024 Author Share Posted December 31, 2024 1 hour ago, nod said: Probably already said above Legal action isn’t the way forward Far to expensive Re build your fence and leave them to it I am happy to rebuild our fence but their post and panels are now on our land and they don’t want to remove it until we give them what they ask which is 15m retaining wall. Link to comment Share on other sites More sharing options...
joe90 Posted December 31, 2024 Share Posted December 31, 2024 46 minutes ago, Aks said: I am happy to rebuild our fence but their post and panels are now on our land and they don’t want to remove it until we give them what they ask which is 15m retaining wall. Get legal advise. So this is trespass. 2 hours ago, joe90 said: do you have legal cover on your house insurance? what do your land registry or deeds say about that wall/boundry? Link to comment Share on other sites More sharing options...
joe90 Posted December 31, 2024 Share Posted December 31, 2024 2 minutes ago, nod said: Legal route will be very long and expensive True but I feel the OP needs to know where he stands legally, then he can make decisions on how to proceed. Link to comment Share on other sites More sharing options...
Nickfromwales Posted December 31, 2024 Share Posted December 31, 2024 2 minutes ago, joe90 said: True but I feel the OP needs to know where he stands legally, then he can make decisions on how to proceed. Agree. This isn’t one for an online forum to procrastinate over, but also made more problematic by there being such a difference of opinions and no ‘peace’ between parties. I’d suggest a fresh, non-combative approach, and try and get a truce and that could lead to a cheap, simple way forward. Digging in heels here will just make a huge mess afaic. 1 Link to comment Share on other sites More sharing options...
Aks Posted January 1 Author Share Posted January 1 6 hours ago, Nickfromwales said: Agree. This isn’t one for an online forum to procrastinate over, but also made more problematic by there being such a difference of opinions and no ‘peace’ between parties. I’d suggest a fresh, non-combative approach, and try and get a truce and that could lead to a cheap, simple way forward. Digging in heels here will just make a huge mess afaic. I agree but they are very greedy and didn’t even spend single penny on it so far and said they are claiming on base of structural evidence and when we asked for it they are not supplying us and keep on lying in all matters so what exactly they want is free money or asks to build the wall for them and both parties houses are now on sale. Link to comment Share on other sites More sharing options...
Andehh Posted January 1 Share Posted January 1 Sorry AKs, it's difficult to follow. Both houses are for sale? They built up their garden and built a retaining wall and fence. Your fence wasn't disturbed, but theirs has since failed and was originally leaning in your fence? Now your fence has been removed and replaced, it caused their fence to collapse? And they want you to rebuild theirs including retaining wall? How did they steal land if you're fence was there? Link to comment Share on other sites More sharing options...
nod Posted January 1 Share Posted January 1 8 hours ago, joe90 said: True but I feel the OP needs to know where he stands legally, then he can make decisions on how to proceed. The trouble is There’s always someone that will be happy to represent you and take your money Life’s to short to spend a couple of years in court and a shit load of cash To end up with pretty much what you have Just pull Tge fence out of the way and put your own up 1 Link to comment Share on other sites More sharing options...
Jilly Posted January 1 Share Posted January 1 2 hours ago, Aks said: both parties houses are now on sale. It’s in both your interests to resolve this before selling but some people are not temperamentally suited to amicable discussion. 1 Link to comment Share on other sites More sharing options...
nod Posted January 1 Share Posted January 1 4 minutes ago, Jilly said: It’s in both your interests to resolve this before selling but some people are not temperamentally suited to amicable discussion. Very sad A legal dispute won’t get sorted this side of Christmas Our daughters friends have been in a legal dispute (Arbitration) with there builder For 17 months They sort of won But both had to settle there own legal expenses Hers was 18k But she is happy to be proved right 1 Link to comment Share on other sites More sharing options...
Andehh Posted January 1 Share Posted January 1 I'm also of the camp of taking it in the chin, and either put up a new fence... Or leave it all as isand screen it with plants so you are not actively losing more garden with your own fence. Legal disputes can be hugely expensive and painful, and will need recording if/when you sell the house! As difficult as it is, sometimes the only way to win... Is not to play!! Link to comment Share on other sites More sharing options...
Aks Posted January 1 Author Share Posted January 1 53 minutes ago, nod said: Very sad A legal dispute won’t get sorted this side of Christmas Our daughters friends have been in a legal dispute (Arbitration) with there builder For 17 months They sort of won But both had to settle there own legal expenses Hers was 18k But she is happy to be proved right Thanks Nod. That is the rough amount I am looking for. Its too complicated to sort out if someone wants free money Link to comment Share on other sites More sharing options...
Aks Posted January 1 Author Share Posted January 1 (edited) 19 minutes ago, Andehh said: I'm also of the camp of taking it in the chin, and either put up a new fence... Or leave it all as isand screen it with plants so you are not actively losing more garden with your own fence. Legal disputes can be hugely expensive and painful, and will need recording if/when you sell the house! As difficult as it is, sometimes the only way to win... Is not to play!! At this point we can’t touch anything as until now we have evidence of all to prove that we have done everything correct but if we remove neighbour's post and blocks then they will count wrong from our side also they already mentioned if we remove their posts and blocks from our garden they are going to take that as criminal theft. you can see that in the picture. Edited January 1 by Aks Link to comment Share on other sites More sharing options...
Aks Posted January 1 Author Share Posted January 1 1 hour ago, nod said: The trouble is There’s always someone that will be happy to represent you and take your money Life’s to short to spend a couple of years in court and a shit load of cash To end up with pretty much what you have Just pull Tge fence out of the way and put your own up Are we legally allowed to remove their posts and soil and put it back in their garden and build ours? Link to comment Share on other sites More sharing options...
joe90 Posted January 1 Share Posted January 1 15 minutes ago, Aks said: Are we legally allowed to remove their posts and soil and put it back in their garden and build ours? That’s what getting initial legal advice will tell you, as @Nickfromwales said above forum members with differing opinions is not the place to find where you stand legally Link to comment Share on other sites More sharing options...
nod Posted January 1 Share Posted January 1 17 minutes ago, Aks said: Are we legally allowed to remove their posts and soil and put it back in their garden and build ours? Yes Link to comment Share on other sites More sharing options...
Roundtuit Posted January 1 Share Posted January 1 (edited) 54 minutes ago, Aks said: Are we legally allowed to remove their posts and soil and put it back in their garden and build ours? I'd want their stuff off my garden sure enough, but is there any point putting up a new fence without sorting the retaining wall issue out? I think you really need to establish who's responsibility this is before you can plan next steps. Edited January 1 by Roundtuit typo 1 Link to comment Share on other sites More sharing options...
jfb Posted January 1 Share Posted January 1 It’s going to cost nothing like 10k to build a retaining wall. Much less. Link to comment Share on other sites More sharing options...
Aks Posted January 1 Author Share Posted January 1 13 hours ago, joe90 said: You say that it’s their wall (built on their land ) or a party wall (built straddling the boundary.? ) . do you have legal cover on your house insurance? what do your land registry or deeds say about that wall/boundry. Just reply to their Email stating you disagree and will claim against them if their collapsed wall encroaches on your land or damages your fence and let them carry on. We don’t have legal insurance on property. Actually legal boundary which meant to be in that place is ours as per land registry. But this people purchased house in 2018 and changed landscape and filled soil to make flat garden on slope and build their own fence next to ours in 2019 which is not in any land registry documents and not official. Link to comment Share on other sites More sharing options...
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