House owner erected new fence 1 metre in to my field

[Cloudy2day]

We own a grass field in a village, for many years it’s been let to a livestock farmer.
The boundary fences and hedges belong to home owners backing on to the field. Recently one of the house owners decided to cut thru their fencing and erect a fence on our land to the depth of 1 metre. We’ve taken many photos of the new fencing, old stock proof fencing, electric fence and their boundary wire fencing, as well as a 6 ft wide gap from their garden. We called to see the house owner ( who is elderly and lived there for many years) In the process our stock proof fence was removed and the electric fence ( which was added by the livestock farmer as the stock proof fence is rather old but still complete, is bent) We also wrote a polite letter explains the above and asking for the new fence to be removed within 30 days. To date we've had no communication from the house owner. We are now 3 weeks in. I think they may feel the stock proof fence was the boundary perhaps?? Can we just go and cut the fence down? The thought of expensive fees as well as the stress, I could well do with out. It’s 4 am and it’s swirling around my head.
Any help or advise would be so appreciated

 

[Courier]

Need to give them the 30 days to respond + 7 days to allow for postal strikes then do whatever you told them you would do in the (recorded delivery) letter you sent including making them responsible for any ensuing legal costs.
If you said that you would remove their fence then simply do so.
Take plenty of pics and have your ownership deeds and plans available
Above all let them know that they are responsible for any possible legal cost not of your (as landowner’s) making.

 

[Courier]

Who actually erected this spurious fence, the elderly neighbour, his or her heirs or a contractor working to their orders?

 

[Courier]

Go back to sleep I
Put the ball and potential costs in their court.

 

[Farmer Roy]

I’m not sure how your system works, but here any boundary fencing work needs to be done in consultation with neighbours.

If there is any dispute ( ESPECIALLY in a residential / village / town scenario), then the local council or planning authority would be the first port of call. They should have maps of all properties, probably all digitised by now. I know I can search our local council digital maps for boundaries, services etc & overlay them on satellite images as well.
If you are the owner, do you have property map as part of your title deeds ?
You could always get a surveyor in, at the house owners expense of course.

whatever the case, it is still extremely rude ( & possibly illegal) for someone to radically alter a boundary fence without talking to the neighbour.
Legally - if they have removed your existing fence ( you said it was on your side of the boundary ? ) then that is criminal damage to your property

 

[Cloudy2day]

Who actually erected this spurious fence, the elderly neighbour, his or her heirs or a contractor working to their orders?

A local fencing company. Her garden is over grown too.

 

[Cloudy2day]

Who actually erected this spurious fence, the elderly neighbour, his or her heirs or a contractor working to their orders?

A local fencing company.

 

[Cloudy2day]

Need to give them the 30 days to respond + 7 days to allow for postal strikes then do whatever you told them you would do in the (recorded delivery) letter you sent including making them responsible for any ensuing legal costs.
If you said that you would remove their fence then simply do so.
Take plenty of pics and have your ownership deeds and plans available
Above all let them know that they are responsible for any possible legal cost not of your (as landowner’s) making.

Thank you, yes I have Royal Mail tracked delivery date and time.

 

[Cloudy2day]

I’m not sure how your system works, but here any boundary fencing work needs to be done in consultation with neighbours.

If there is any dispute ( ESPECIALLY in a residential / village / town scenario), then the local council or planning authority would be the first port of call. They should have maps of all properties, probably all digitised by now. I know I can search our local council digital maps for boundaries, services etc & overlay them on satellite images as well.
If you are the owner, do you have property map as part of your title deeds ?
You could always get a surveyor in, at the house owners expense of course.

whatever the case, it is still extremely rude ( & possibly illegal) for someone to radically alter a boundary fence without talking to the neighbour.
Legally - if they have removed your existing fence ( you said it was on your side of the boundary ? ) then that is criminal damage to your property

We have plans /deeds/ map. They all own the boundary fences/ hedges.
yes they have trespassed on our private land, removed our stock proof fence. Which was to safe guard their shrubs/trees and any weak areas in their boundary, and to keep live stock in. It doesn’t make any sense, the person is very elderly with an over grown garden.
thank you for replying.

 

[Courier]

Thank you, yes I have Royal Mail tracked delivery date and time.

Screenshot and save that “POD” (proof of delivery) cos it disappears from their website after a while .

 

[tullah]

Had one like that started moving his fence a metre into the nettles. I walked up behind him and shouted top of my voice what do you think you're up to. Hell of a fright and he walked in. I'm always taking pictures of the boundaries.
If you get no joy and he has any sort of view, then might you be able to screen it.

 

[toquark]

Had the same. Solicitors letter along with a copy of the title map sorted it.

It happens all fairly regularly at my work, we had a smallholder “claim” 1/2 acre once, put a new fence up and troughs for his horses. it’s amazing the brass neck of some folk. The trick is to ensure you don’t bury your head in the sand about it - a problem like this ignored is a problem amplified.

 

[Nearly]

Zero tolerance.
Stamp it out or the neighbours will all want 2m, then 3m.....

 

[Daddy Pig]

Do you know who the fencing contractor is?, might be worth a chat to find out exactly what his instructions were.

 

[devonbeef]

We have plans /deeds/ map. They all own the boundary fences/ hedges.
yes they have trespassed on our private land, removed our stock proof fence. Which was to safe guard their shrubs/trees and any weak areas in their boundary, and to keep live stock in. It doesn’t make any sense, the person is very elderly with an over grown garden.
thank you for replying.

children to inherit ,told dad to make the garden bigger before house sale?or arranged it without their consent

 

[devonbeef]

children to inherit ,told dad to make the garden bigger before house sale?or arranged it without their consent

as others said, go in hard and fast, take no cr....p, thats my policy

 

[slackjawedyokel]

Maybe the neighbour wanted a new fence but it was easier for the contractor to put it up ‘out a bit’ to avoid trees etc? Doubt the neighbour will fancy having it shifted though!

 

[Fendt65]

I always find the sudden relocation of the farm muck heap sorts most boundary disputes.

 

[Exfarmer]

After the 30 days remove fence and return over his hedge. This is the oldest trick in the book to enlarge the garden and if it works a very profitable move by the householder.
If the occupier is that old and possibly losing his faculties, probably worth calling round first just to make sure that he is fully aware of what has been done in his name. Take someone with you as a witness to any exchange. And be polite at all cost

 

[Christoph1945]

I can only imagine how angry all this is making you and you can well do without the stress. Good move sharing the matter on here and not bottling it all up.

The next best move, I imagine, is to approach the local council; both personally and in writing, via recorded delivery and do make sure that you keep records of all written communications.

Chris