Shared Fence issue

Yourmama

Hi, I have a situation I would like to hear opinions on and if you have experience with such case. Here's the thing; for the last 8 years I share a wooden panel fence with a neighbour in the back of my garden. For him it's on his garden's side. For the past 8 years I barely saw them, and never spoke to them. In the last few months they built a brick wall on their side, right next to the shared fence, leaving the fence untouched. If it was me, I would ask the neighbour if we remove fence and build a wall instead. Didn't happen.

When I realised what they've done, I removed two old fence panels without talking to them, also one concrete post, and I've put a cover and used that extra 20 cm behind my shed to store firewood.

After few weeks they went on a ladder to trim bush and found out what I have done. Came to me shouting at 120 dB that I'm on their property. I apologised and removed my firewood and shortened the roofing so it doesn't intrude their property. I have also put back one fencing panel (the other was so rotten it went straight to bin). Fast forward two months I get a letter from solicitor demanding to put the concrete post and the missing panel back.

Now I don't want any trouble but if they're so stooopid to talk to solicitor instead of me, I'm feeling like I don't want to be friendly with them anymore. Can I say it's a shared fence, if you want it so bad, rebuild it yourself?

10-10-20

Hi!

This sounds very like a previous topic raised recently on here:

https://www.boards.ie/discussion/2058306785/neighbours-wall-falling-down-and-he-just-covered-it-with-a-fence

Personally I think you were wrong to interfere with the old fence as it was known to you that it was on their property, and it would seem to my like you almost made a land-grab for the extra 20cm's which you then assumed was afforded to you out of their sight.

I'd drop over with a small token of a gift and state that you made a mistake around the wall and boundaries and wish to improve the relationship; then leave it at that.

Penn

https://www.boards.ie/discussion/2058312681/shared-fence-issue

It's a shared fence, but you're the one who removed parts of it so it's your responsibility to replace. What they constructed, they did totally within the confines of their own property. You constructed something going over the boundary (which you've since cut back), and you removed parts of the boundary, so you need to put it back as it was.

You can tell them to do it themselves, but considering they've already gotten a solicitors letter and therefore legal advice about it, that would be a stooopid thing to do.

muffler

https://www.boards.ie/discussion/2058312681/shared-fence-issue

Seriously? You would have asked the neighbour before doing anything yet you go ahead and take advantage of what they have done by removing a shared boundary fence and a concrete post that was there most likely to define the boundary line.

I'm sorry but you aren't going to get any sympathy from me. Your neighbours have done nothing wrong.

Yourmama

Response is clear, thanks for that guys. I'm not interested in fixing the relationship, I never spoke with them before the incident and happy to leave it at that. I'm going to put the fence to previous state and hope I won't need to talk to them again.

Topic can be closed, thanks

10-10-20

https://www.boards.ie/discussion/comment/121082525#Comment_121082525

Fair enough. 👍️

Mellor

https://www.boards.ie/discussion/comment/121082525#Comment_121082525

You we’re trespassing on their property, and damaged it too. You’ll be lucky if you get off with fixing the fence, considering they’re out of pocket for the legal advice.

spaceHopper

So they built a wall inside the fence when they could have easily talked to you about replacing the fence or sharing the cost of the wall. Is the wall higher than the old fence? Are they about to use it as the back wall of a block built shed?

Personally I'd return the fence panel over the wall to them. It's the perfect space for leaves to collect and will make a nice breeding ground for rats.

Write back to their solicitor looking for clarification, who will then write to them, who will then write to you on their behalf, who will when reply to your letter.... so one letter from them gets 3 more letters all billed to them. Have fun. If the wall is higher than the fence could you ask for them to lower it. Does it comply with building regs. Did they get an engineer to sign it off? Is there a risk it could collapse into your garden and injure somebody. Who's insurance covers it. Have they a receipt for the fence and posts?

Mellor

https://www.boards.ie/discussion/comment/121097761#Comment_121097761

This is terrible advice considering OP is the one who broke the law. they are entitled to what they want on their property. They are not obliged to share the costs.