I own about a 200ft fence that runs along the bottom end of about 6 neighbours houses. I am responsible for this and have maintained it over the years. One neighbour has a dog that has jumped over to my land in the past and it doesn't like my dog so I have now put up a close boarded fence which I have screwed to the existing post and rail fence on my side of the fence not his, to keep the dogs sniffing each other and stopping him jumping out. It's 4ft high. Unfortunately this has interrupted their view over my fields which has angered them. I received a solicitors letter yesterday saying this new fence has been fixed to their clients own post and rail boundary fence and want me to take it down. As I said I own this fence. I THINK about 2 years ago he put in a post and maybe a new rail repairing my fence so I suppose he is now claiming that it's his fence. My deeds clearly show that I have the responsibility for it. Does he have a claim?
Neighbour complaining about my fence
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NO..your fence, he should not have "repaired" it without your permission so perhaps you have a claim against him for trespass (lol).
Also he has an absolute duty to keep his dogs under control and out of your property. It is not your responsibility to keep his dog off your land.
So you could write back to the solicitor and explain all this and refer him to the reply given in the case of Arkle vs Pressdram
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Originally posted by des8 View PostNO..your fence, he should not have "repaired" it without your permission so perhaps you have a claim against him for trespass (lol).
Also he has an absolute duty to keep his dogs under control and out of your property. It is not your responsibility to keep his dog off your land.
So you could write back to the solicitor and explain all this and refer him to the reply given in the case of Arkle vs Pressdram
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Originally posted by LGR001 View Post
I've now got a letter back from the neighbours who have ditched the solicitors after my reply following your help. It now lists things that my dogs have supposedly done over the years like jumping in their garden and jumping up at their kids and one dog is supposed to have bitten his wife and another of my dogs supposedly bit his dog (I agree one dog is a jumper and could well have jumped up at their child) but as to biting - why haven't they reported me if this was the case? It must have happened over 2-4 years ago when they kept their horse with me and have only raised it as they are aggrieved about their view! They want to put up a "nicer" looking fence so they get their view back (but that won't keep the dogs apart as any fence would need to be close boarded). They threaten more legal proceedings. I think their next move would be to report my dogs. I can get statements from lots of people with regard to their training and one is a Pets as Therapy Dog. Should I reply saying that the only way that the fence is coming down is if the dogs undergo professional help to get them friendly again? Would love some more advice please.
If they wish to commence legal proceedings they are required to send a Letter Before Action and at that point you should come back here for advice to the specifics of it.
All that will happen if you write back is that they will write back and so on.
As for reporting your dogs for something that happened 2-4 years ago, presented with the legal letters you have been sent and on seeing the behaviour of the dog in person I should think that any reasonable Police Officer or RSPCA inspector would quickly deduce it to be a malicious report.COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE
My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.
Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.
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