Neighbour dispute

[islandgirl]

Now I am confused. I thought that he had put up a fence which gave you more land ie gave you your rightful land back

[Monday]

I cant post the LR plan because it is too big.

It shows the property boundary being the outside wall of his bungalow (next to my property) running in a straight line front and back to the end of both gardens. There used to be a reasonable undamaged fence on the boundary line straight down to the end fence.

We came home from a holiday a few years ago to find the previous owner had the fence replaced with another, ornamental panels on top, put in my garden and the panel at the bottom of the garden put up diagonally so it took away a good size chunk of my garden. My daughter, and my gardener said it intruded 12" into my garden. The woman concerned had (unknown to me) dementia and was extremely aggressive. when I tried to discuss the matter, she threatened me with a knife.

The property sold last year. A few months ago, the new owner told my daughter of his plans to replace the fence (and other stuff). So I wrote a letter including the LR document and asked nicely for him to bear in mind where the property boundary is and that it doesnt include putting his fence in my garden so could he put it back where it should be.

we will get this sorted out without a word to the neighbours. If they expect us to accost them over leaving their old fence in my garden, they are very much mistaken.

He has already tried to block up the old foot access into my front garden. Again shown on the LR plans.

As I said earlier, it just shows how very easily neighbour disputes can escalate. You see the occasional court case in the media that ends up costing thousands. I have tried to avoid that possibility but it is hard when you are bullied by neighbours.

[efpom]

If my understanding of the OP’s writing is correct, I am of the view that this matter is, at bottom, trespass or alternatively, encroachment i.e. private nuisance.

Having read (briefly) the OP’s previous treads on the same subject, there seems to be sufficient evidence available to the OP to demonstrate that the previous owner of the neighbouring property was on notice about the OP’s contention that the offending fence had been constructed on the OP’s land.
The offending fence has partly collapsed, when ownership was part of the deceased owner’s estate.

That neighbouring property has recently changed hands, presumably following administration of the deceased’s estate.

The new owner(s) were put on notice about the OP’s contention (that the offending fence had been constructed on the OP’s land.)
It would seem that the new owners intend to erect a new fence. What is unknown, at this stage, is a) whether the new owners intend to erect that new fence along the line of the old fence, or b) intend to erect that fence entirely on their own land.
If a) occurs then that has the makings of a boundary dispute.
If b) occurs then the potential for a boundary dispute evaporates.

My suggested way forward is, in writing, to state that the offending fence had been constructed on the OP’s land, that the previous owner and/or his/her estate administrators were notified of that and if the new owner(s) were not notified of that during the sale and purchase of the property, it is for them to take that matter up with the seller.

Continuing the same correspondence, to go on to state that the offending fence due to it’s condition is a hazard and invite the new owners to remove it within, say, 28 days. That may flush out whether a) above is potentially in play.

If that removal does not occur, to then take the position that the new owner(s) have no intention to remove it and, again in writing, serve notice that the OP will arrange for contractors to remove the fence and request reimbursement of that contractor’s costs.
If no reimbursement is forthcoming, it is then open to the OP to sue – money claim only. A response to a Letter before Action before issuing proceedings will likely flush out whether a) above is in play.

[Monday]

Thank you so much for clearly identifying the issues and identifying a practical way forward.

The new fence is nearing completion, at the bungalow end, when it will become clear whose land it is on.