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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My husband went over to discuss putting up a new wooden

Customer Question

Hello there, my husband went over to discuss putting up a new wooden garden fence who initially said no; my husband said fine we'll just tear down our part (trellis full of roses;Ivey that is on our side of the property) and put a new fence against the old one. He then said he will contact his lawyer but then in the same breathe said okay but it he wants to be involved as he wants to retain as much of the growth on his side as possible we also agreed to inform him when the fence will be put up etc. We have been over accommodating as he watched our fence contractor like literally all day measuring each time a post was cemented in. Ultimately he realised none of the foilage growing from our side could be saved and the entire lot was removed. The roots were also removed from our side which meant plants were dying on his side. We requested to put trellis work above the fencing and asked permission to make it two metres which he agreed to. The trellis work is being put in on Monday as it was bespoke and took a few weeks to make. In total it has cost me £2000 to put up the fence. Today he spoke to my husband (I find our neighbour patronising and prefer not to speak to him) informing him that he is not happy that he can see the wiring of our pagola (which he is unlikely to see once the trellis is up). He has threatened to put up his own trellis to hide the "wiring" which would not be in line with the 2 metre regulations. He has also accused my husband of being underhanded and now is saying it is his fence and that we put it up under false pretences. There is a third party, fence contractor, that was very helpful and to which Manooch (neighbour) agreed the dates etc of when the fence was being put up. At no point did he indicate that it was his fence (we moved in to our property almost 2 years ago). My husband said if he wants to claim to fence we are happy to be compensated the £2000. To which he said no. He is now stating that he will contact his solicitor and will be putting up his trellis against our new fence. My husband then stated he would contact the relevant authorities as he would be in breach of the regulations and will hold him liable for any damages that he causes to the fence. What is our position? As he agreed for us to put up the new fence is it our fence? He has not paid a penny towards the fence. Can we make a complaint if he attaches his trellis to our new fence (apparently to grow roses) - roses grew before but the root system was all on our side which since has been removed (20 years of growth on their side). I do not want to continuously maintain our side of the fence because of his overgrowth of ivy and rose bushes etc. When I did this with the old fence which had large trellises he kept invading my privacy and telling me off when I was cutting back the ivy from our side. Hence the reason the new fence went up - as a home owner I felt I had no privacy in my own garden.
Submitted: 1 year ago.
Category: Law
Expert:  propertylawyer replied 1 year ago.

Do I understand correct that the new fence was installed on your side against the existing fence?

Customer: replied 1 year ago.
No, we wanted to when the neighbour became hostile to my husband, he then changed his mind and said we may go ahead and replace the fence as long as he can save as much foilage growing on our pagola's trellis.
Customer: replied 1 year ago.
He was more concerned about the foliage than the fence and we accommodated him as much as we practically could.
Customer: replied 1 year ago.
I have attached pictures of our pagola with the trellis we removed (with all the foliage). Our neighbour could see through it and kept telling me off about cutting back the ivy etc.
Customer: replied 1 year ago.
How the new fence looks now; all of which he supervised for 3 days.
The new trellis will be added to the fencing to the 2 metre height regulation; where the poles are sticking out.
Customer: replied 1 year ago.
He has a bee in his bonnet as he lived with the "jungle" for 20 years which we cleaned up and changed.
Customer: replied 1 year ago.
We weren't able to paint our pagola because of our his foliage growing on it. We were absolutely amazed at the space we acquired once the foliage was gone. The wooden fence was much shorter; I'm not sure whether it was meant to be to accommodate the pagola trellis as the previous owners wanted it all overgrown.
Customer: replied 1 year ago.
New fence
Customer: replied 1 year ago.
Will I be getting a reply?