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Ask Joshua Your Own Question
Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25953
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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garden fence between property back garden. neighbour attatched

Customer Question

garden fence between property back garden. neighbour attatched 6 foot fence to my 5 foot fence without permission. six foot fence has pulled my fence over and hardcore from neighbours garden has spilled into my garden, neighbour disputing responsibility for repair and removal of hardcore from my garden
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I enquire as to whether you erected the 5' fence yourself please?

JACUSTOMER-p5dmm2tv- :

yes, had garden contractor to erect fence

Joshua :

Many thanks. If this was disputed by your neighbour could you prove this - i.e. with an invoice for example?

Joshua :

Did you ask your neighbour to remove the fencing he attached to your fence?

Joshua :

What caused the tipping over of the fence - e.g. winds or the weight of the extra fence alone?

JACUSTOMER-p5dmm2tv- :

i told her several times that her fence was pulling mine over and she needed it to better supported

JACUSTOMER-p5dmm2tv- :

builder says the size of the six foot fence and weight of hardcore has caused my fence to be pulled over

JACUSTOMER-p5dmm2tv- :

yes can provide invoice for my fence

Joshua :

Thanks. Finally do you have any evidence you asked the neighbour to remove the fence or was this all verbal. Does the neighbour accept that you asked them to remove their fence?

JACUSTOMER-p5dmm2tv- :

verbal only. she denies me telling her that her fence was pulling mine over

Joshua :

Thanks. The position here is that from what you say her attaching the fence to yours constitutes an unlawful interference with your property and it follows that she is liable for the damage caused as a consequence of that unlawful interference. However there are a number of potential pitfalls you need to consider as follows...

Joshua :

If the matter were to proceed to court there are a couple of potential traps. 1) your neighbour may claim that you failed to ask them to remove the fence and therefore impliedly consented to it.

Joshua :

2) Your neughbour may claim that it was recent high winds that brought the fence down and not the weight of their fence.

Joshua :

Would you like to continue?

JACUSTOMER-p5dmm2tv- :

i cannot have a new fence put up until the hardcore from neighbours garden has been removed what can i do about this as her fence is resting on top of the length of the spillage into my garden

JACUSTOMER-p5dmm2tv- :

she has informed my building contractor today that she cannot afford to pay to have the hardcore removed and he has spent over an hour with her this afternoon trying to find a solution to the problem

JACUSTOMER-p5dmm2tv- :

i have photographs taken during the summer of the position of my fence being pulled over by her fence and she was informed again then that her fence needed better support by my building contractor

JACUSTOMER-p5dmm2tv- :

i have taken more photographs when my fence was taken down by building contractor last week

Joshua :

May I ask what proposals if any the neighbour has made?

JACUSTOMER-p5dmm2tv- :

neighbour will not accept any responsibility for the problem and has not come forward with any proposals

Joshua :

thank you. as above, from what you say, the neighbour has unlawfully interfered with your fence and has caused damage in doing so. Providing you can demonstrate on the balance of probability that you objected to the neighbour attaching her fence to your fence and that on balance, her attaching the fence to your own caused the same to fall - a statement from your contract would be useful in this respect - you would appear to have the basis of a claim against the neighbour for the cost of restoring your fence and removing such detritus from your property as is necessary to do so

Joshua :

in order to bring a claim, you will need to consider initially writing to your neighbour formally setting out the costs of repair and the reasons you consider the neighbour to be liable for the same as above and advising that in the absence of any other substantive proposals, you require the sum of £x within say 10 days of the date of your letter failing which you will have little option but to consider issuing proceedings in the County Court for recovery of such sum

Joshua :

if this is necessary, the simplest way to do so is by using www.moneyclaim.gov.uk.

Joshua :

fees for issuing proceedings as above are not substantial and can be recovered providing you are successful. Legal fees cannot be claimed and indeed you do not require a solicitor is the entire process is designed to be used by members of the public without a lawyer

Joshua :

is there anything above I can clarify for you?