Fence posts on neighbours land

[Leeds Man]

Asking for a friend who is genuine…

My friend has a stone wall dividing the wall between their house & the neighbours house. There is a fence on top of the stone wall my neighbour has replaced - exactly where original fence was… however :

The fence posts have been sited & installed by the contractors on the neighbours land - not my friends land.

The neighbour is an emotively unstable landlady. Her tenants are lovely & friendly. The landlady does not live at the premises. The landlady has seen the fence posts & is screaming murder.

One matter to note is : my friend has a special needs daughter with a wandering mind & siting the fence posts on the other side was to reduce risks of her undoing fence fixings, using fixings to gain enough grip / foothold to climb over the fence. Police have been called about the daughters wandering actions previously as she has gone missing on multiple occasion.

Can anyone clarify:

1. Appropriate statues
2. Position in regards fence posts
3. Ramifications of the fence posts not being moved.

Many thanks in advance

[echat11]

Can't answer directly (other members can advise) - but some general guidance -

https://www.citizensadvice.org.uk/ho...wall-or-fence/

[des8]

I'm confused:
If the fence was on top of the wall and now has been replaced on neighbour's land how was it replaced " exactly where original fence was"

First of all your friend should access his and his neighbours Land Registry files and maps in an attempt to ascertain exactly where the boundary lies and if either party is responsible for fencing it.
They may both bwe assuming the wall is a shared feature straddling the boundary. but it might not be.
https://www.gov.uk/get-information-a...h-the-register

If the posts have been erected on neighbours land without owner's knowledge or permission I'm not surprised she is spitting feathers!
This is the civil tort of trespass and needs to e remedied if your friend does not want to face court action.

When he has ascertained where the boundary lies, and if he has trespassed he needs to firstly apologise and then explain why the posts were placed in the wrong position.
If he is lucky and the neighbour calms down he might manage to get her permission to leave the fence where it is on a written undertaking that when it needs replacing it will be put back in its correct position, otherwise he might have to take ir down

[islandgirl]

What instructions were given to the contractors? Were they told to put the fence on land your friend does not own? There are many types of fences which prevent climbing such as those used in schools etc. which may be a better option. Fully understand the motive behind the installation (if it was not a contractor's mistake) but you cannot do this without permission (which your friend may get retrospectively though it is now unlikely in my opinion)

[echat11]

There is Anti Climb Paint, it's a bit messy, but does mean that any grip can't be achieved.