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Semi-D neighbour fixing fence post to my house

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2

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    #32
    Tails142
    Registered Users Posts: 2,103 ✭✭✭Tails142


    doesn't look that bad to me, your hedge is more of a problem to them requiring constant maintenance


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    #33
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    Tails142 wrote: »
    ... your hedge is more of a problem to them requiring constant maintenance

    Have to agree on the maintenance side but it only needs trimming once a year usually.

    Thankfully I don't believe the courts (if necessary) will agree with your point of view.

    My property is my property.


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    #34
    beyondbelief67
    Registered Users Posts: 550 ✭✭✭beyondbelief67


    I really don't understand how anyone can think it's ok for someone to drill into another persons house ? And then take part of their property.
    I wonder how they would feel if this had been done to their house.
    Op I really hope you get this sorted and that no lasting damage has been done to your property.


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    #35
    Tails142
    Registered Users Posts: 2,103 ✭✭✭Tails142


    So you have a communication problem with your neighbour, you think solicitors and courts are going to fix that?

    I think you need to relax a little, maybe say to your neighbour you're not entirely satisfied with the finish on your side. As you said at start of this thread you have been a bit meek in asserting your views in the past, don't go for the nuclear option now.

    By the way it looks a lot less than 5" to me on your property, more like 2", which when you have a hedge taking up 12-18" seems a bit ridiculous to be making a fuss over.


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    #36
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    beyondbelief67 wrote: »
    I really don't understand how anyone can think it's ok for someone to drill into another persons house ? And then take part of their property.
    I wonder how they would feel if this had been done to their house.
    Op I really hope you get this sorted and that no lasting damage has been done to your property.

    Thank you so much. Hopefully it will be sorted out amicably but I'm absolutely determined not to let them away with this. It has really come between me and my night's sleep TBH and that is simply not on.


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    #37
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    Tails142 wrote: »
    So you have a communication problem with your neighbour, you think solicitors and courts are going to fix that?

    I think you need to relax a little, maybe say to your neighbour you're not entirely satisfied with the finish on your side. As you said at start of this thread you have been a bit meek in asserting your views in the past, don't go for the nuclear option now.

    By the way it looks a lot less than 5" to me on your property, more like 2", which when you have a hedge taking up 12-18" seems a bit ridiculous to be making a fuss over.

    You must be a friend of my neighbour!

    I'm the one with the measuring tape and I can count inches - really.

    P.S. I never said I was not satisfied with the finish on my side, I had every intention of sorting that out myself when the hedge is finally removed. IT'S THE FACT THAT THE ENTIRE FENCE IS IN MY PROPERTY, HOLES HAVE BEEN DRILLED IN MY WALL AND PART OF MY CEMENT PATHWAY HAS BEEN CUT AND REMOVED - BY MY NEIGHBOUR!


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    #38
    Tails142
    Registered Users Posts: 2,103 ✭✭✭Tails142


    Best of luck with your dispute and pending high court action, I'll keep an eye out for your story on future episodes of neighbours from hell!


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    #39
    michael999999
    Banned (with Prison Access) Posts: 7,771 ✭✭✭michael999999


    HelenV wrote: »
    Thank you so much. Hopefully it will be sorted out amicably but I'm absolutely determined not to let them away with this. It has really come between me and my night's sleep TBH and that is simply not on.

    If there away for two weeks, get on to the council and whatever the relevant department is and find out exactly what law they have broken.

    Then go to citizens advice or a solicitor and find out whatbyou can do, so you have all your facts ready before you confront your neighbour!


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    #40
    beyondbelief67
    Registered Users Posts: 550 ✭✭✭beyondbelief67


    HelenV wrote: »
    Thank you so much. Hopefully it will be sorted out amicably but I'm absolutely determined not to let them away with this. It has really come between me and my night's sleep TBH and that is simply not on.

    I can totally understand, it's easy for me to say but try not to let it dwell on your mind at night as you need your strength.
    But also everything will be ok so that should help you rest easy as you have the law on your side.
    Also you have the time they are away to get the right advice, but I can totally understand why it's got to you so much, totally taking advantage in that way, and its not just your house it's your home.


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    #41
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    michael999999 wrote: »
    If there away for two weeks, get on to the council and whatever the relevant department is and find out exactly what law they have broken.

    Then go to citizens advice or a solicitor and find out whatbyou can do, so you have all your facts ready before you confront your neighbour!

    I'll be contacting an engineer and solicitor over the coming days seeking advice only initially.

    I think the previous poster was being sarcastic - it's hardly a High Court matter and the "neighbour from hell" is MOI !


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    #42
    James 007
    Registered Users Posts: 962 ✭✭✭James 007


    I would approach it differently.

    I would politely make my point to the neighbour pointing out that the posts are on your side of the garden and that you are not happy with the fixing to your house front face. I would ask if he could remedy this immediately, having your son give you appropriate advice with regards a suitable solution.

    I would state to them that it is your intention at some stage to remove the hedge in the future. For now, I would accept the fence, but following removal of the hedge down the line, I would ask if the fence could be realigned so that it bounds correctly on the boundary line. You can also state that you would be willing to go halfs on the new fence.

    I would put all this is writing through a solicitor and have both you sign and date the letter.

    This way your neighour gets to keep his fence, albeit for a short period of time and it will then be realigned following the removal of your hedge. This I feel would work better in your favour.


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    #43
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    James 007 wrote: »
    I would approach it differently.

    I would politely make my point to the neighbour pointing out that the posts are on your side of the garden and that you are not happy with the fixing to your house front face. I would ask if he could remedy this immediately, having your son give you appropriate advice with regards a suitable solution.

    I would state to them that it is your intention at some stage to remove the hedge in the future. For now, I would accept the fence, but following removal of the hedge down the line, I would ask if the fence could be realigned so that it bounds correctly on the boundary line. You can also state that you would be willing to go halfs on the new fence.

    I would put all this is writing through a solicitor and have both you sign and date the letter.

    This way your neighour gets to keep his fence, albeit for a short period of time and it will then be realigned following the removal of your hedge. This I feel would work better in your favour.

    That is certainly sound advice and following professional advice that would be how I intend to approach it.

    I had spoken to the neighbour about removing the hedge over the coming months only last week and was actually speaking with someone this morning regarding its removal but decided against it for the moment in case my reasons were misconstrued and seen as a way where I wanted to make a bad situation look even worse.


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    #44
    delop
    Registered Users Posts: 490 ✭✭delop


    It just occurred to me that Ive been thoughtless with my neighbour. our back garden has a fence , the fence , you cant see it, its the bordering line , hidden in the hedge. On each side there is a hedge, to look at it , seems like one, until my neighbour removed the hedge on his side as his lane was tight after a house extension, but Ive just realised that he cuts my hedge as it now grows over to his side frustrating his efforts to create more room for himself .

    I should talk to him and offer to cut it when necessary , Im surprised it didnt occur to me


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    #45
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    delop wrote: »
    It just occurred to me that Ive been thoughtless with my neighbour. our back garden has a fence , the fence , you cant see it, its the bordering line , hidden in the hedge. On each side there is a hedge, to look at it , seems like one, until my neighbour removed the hedge on his side as his lane was tight after a house extension, but Ive just realised that he cuts my hedge as it now grows over to his side frustrating his efforts to create more room for himself .

    I should talk to him and offer to cut it when necessary , Im surprised it didnt occur to me


    Oh dear, oh dear, oh dear-this thread has really nothing to do with the hedge. These hedges are dividers between the majority of semi-d's here

    For the sake of clarity though - I'm a bit of an elder lemon now but for years I did cut it back myself and if I can get my hands on a gardener I'll have him do it and I've bought the odd bottle of wine for my neighbour too. It's certainly not the case that I've been taking him for granted, but he is quite a bit younger than me and his bones don't creek to the same extent :) (yet!).

    The entire hedge is only about 10" (ish) in length.


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    #46
    sydthebeat
    Subscribers Posts: 41,031 ✭✭✭✭sydthebeat


    If the hedge was the divide, it seems to me that there was no need for the fence in the first place, what purpose does it serve?


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    #47
    Squatman
    Registered Users Posts: 1,576 ✭✭✭Squatman


    Im on the fence on this one...

    I agree with some of the people who have been shunned on this forum. I think its a massive improvement, You are blowing this way out of proportion, but i cant wait to see the imminent high court case on RTE


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    #48
    elastico
    Closed Accounts Posts: 4,592 ✭✭✭elastico


    HelenV wrote: »
    Seriously? So you think if you have a hedge in your garden it's acceptable for your neighbour to cut it back and put their fence in your garden?

    .

    just playing devils advocate here but do you think its ok to constantly have your property (your hedge) encroaching somebody elses property as it keeps growing in there each year?

    On the other hand you are not impressed that his property, a few fence posts, encroach on your property.

    I agree cutting the wall cap at the front was a bit cheeky though.

    They should have put a spacer in there to offset the last post from the wall.

    We are talking about a 2" fence post though. How sure are you that those 2" are in your property?


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    #49
    my friend
    Banned (with Prison Access) Posts: 7,129 ✭✭✭my friend


    terrible workmanship is reason alone to rip it up.


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    #50
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    sydthebeat wrote: »
    If the hedge was the divide, it seems to me that there was no need for the fence in the first place, what purpose does it serve?

    The hedge wasn't the divide - a low timber fence which divided all the semi-d's was. The hedge was in situ on my side when I purchased the property - so was the dividing low fence along the divide. I don't know what happened the fence all I know is I didn't remove it. Most of the properties around here have a hedge on one side or the other. It was there when my neighbours purchased too.

    It does look rather unsightly at the moment but that is as a result of the neighbour himself cutting it so far back. I have no issue with this either, hedges grow their greenery back in a couple of months. It's coming down over the coming weeks at any rate.

    I repeat again - the hedge is not the issue - it's the damage done to my property not to mention the complete disregard for the appearance and IMHO that fence is unsightly and a lot uglier than the hedge any day of the week but so be it.


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    #51
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    elastico wrote: »

    We are talking about a 2" fence post though. How sure are you that those 2" are in your property?

    If you'd spare a minute to look back at the photographs I posted it's patently obvious they're on my side of the divide.

    I've ordered an Ordnance Survey map and Land Registry filed plan - these should show exactly what the position is on the ground.

    2"? Suffice to say it depends on which side of the fence you're on doesn't it!


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    #52
    runawaybishop
    Registered Users Posts: 9,500 ✭✭✭runawaybishop


    Squatman wrote: »
    Im on the fence on this one...

    I agree with some of the people who have been shunned on this forum. I think its a massive improvement, You are blowing this way out of proportion, but i cant wait to see the imminent high court case on RTE

    Can i have some of your property for free then? Its no big deal.


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    #53
    Squatman
    Registered Users Posts: 1,576 ✭✭✭Squatman


    runawaybishop wrote: »
    Can i have some of your property for free then? Its no big deal.

    yes, you can have 1.5 inches of land over a pathetically short distance


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    #54
    runawaybishop
    Registered Users Posts: 9,500 ✭✭✭runawaybishop


    Squatman wrote: »
    yes, you can have 1.5 inches of land over a pathetically short distance

    Can i have 5 inches, a foot - where is the line drawn? Can i get a bit of land on each side of my property and at the front and back?

    Hows that going to work when you go to sell your house and the bit on the folio that is marked at yours has my wall on it? Do you think people will mind buying a property from you if i have a wall built on it?


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    #55
    Asmooh
    Registered Users Posts: 1,468 ✭✭✭Asmooh


    I would built something like that because I don't like people looking into my garden.. but I would ask the neighbor.


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    #56
    sydthebeat
    Subscribers Posts: 41,031 ✭✭✭✭sydthebeat


    Asmooh wrote: »
    I would built something like that because I don't like people looking into my garden.. but I would ask the neighbor.

    this is an estate with open fronted gardens

    you are not allowed to erect high fences to the front of dwellings without planning permission, which generally is refused.


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    #57
    JohnBee
    Registered Users Posts: 335 ✭✭JohnBee


    HelenV wrote: »
    It does look rather unsightly at the moment but that is as a result of the neighbour himself cutting it so far back. I have no issue with this either, hedges grow their greenery back in a couple of months. It's coming down over the coming weeks at any rate.

    Just playing devils advocate again, perhaps there were a few hints dropped about the hedge. Perhaps your neighbour was sick of doing YOUR gardening and hedge trimming and said f this, I am putting up a fence to stop the hedge coming into my garden.

    The reason I say this is going aggressive and the legal route might become difficult. IT can really p people off sending a solicitors letter. While you might have a genuine case, if you get their back up they might have a slightly different story.

    First things first. Take it calmly, wait for their return and have an amicable conversation about it with them, perhaps with your son present who might be more level headed in the situation. Most of these things can be resolved simply. I am pretty sure when erecting the fence, your neighbour but the fence on the dividing line, with the posts slightly encroaching on your side as he probably thought hey they are hidden in the hedge mostly.


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    #58
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    sydthebeat wrote: »
    this is an estate with open fronted gardens

    you are not allowed to erect high fences to the front of dwellings without planning permission, which generally is refused.

    You're correct. I spoke with the Planning Dept. 1.2 meters (4' to be precise). I didn't wish to make a complaint though - at least not yet at any rate.


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    #59
    HelenV
    Registered Users Posts: 139 ✭✭HelenV


    For those who may be interested - I've spoken with my neighbour who apparently mustn't have been away after all.

    He says he didn't realize the manner in which the work was carried out and has agreed to move the fence and reinstate my path. He'll speak to his man over the coming days and contact my son and they'll do it together.

    I've a sneaky feeling he was expecting me!

    The fat lady hasn't sung yet but fingers x'd.


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    #60
    beyondbelief67
    Registered Users Posts: 550 ✭✭✭beyondbelief67


    HelenV wrote: »
    For those who may be interested - I've spoken with my neighbour who apparently mustn't have been away after all.

    He says he didn't realize the manner in which the work was carried out and has agreed to move the fence and reinstate my path. He'll speak to his man over the coming days and contact my son and they'll do it together.

    I've a sneaky feeling he was expecting me!

    The fat lady hasn't sung yet but fingers x'd.
    That sounds promising news op really hope it gets done soon !


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    #61
    Matteroffact
    Registered Users Posts: 457 ✭✭Matteroffact


    The reason it looks so bad is because the hedge needs to grow back and thus cover the posts. It will all look very neat when the hedge grows back. The piece of wood though attaching the fence to the house looks naff. I don't know why you would want to get rid of the hedge as it looks far better as a divider than a fence anyday.


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