Sunday, May 23, 2010

Damage to garden fence?

My neighbour has an ancient shed which has collapsed into my fence panel and broken it. The shed is literally falling apart and I have asked him what he wants to do about his shed. I am having the whole fence replaced as the gales made a huge mess of it (I am responsible for the fence).

The guy putting up the fence has said he will knock down the shed and remove it, all for £100 which I think is reasonable.

My neighbour says he won't pay and won't tell me what he intends to do about it. I want the fence replaced soon and as the shed is now on my side, do I have the right to push it back, which will wreck it as its so badly damaged, or must I insist he does it?

Damage to garden fence?
Neighbors can be a pain. I would suggest talking to the neighbor one more time. Tell him what your intentions are, give him a day or two to either move it or give you an answer. If you don't get a reply... it is on your property. It is within your rights to get it off. But it never hurts to take the "nice" approach first. Who knows how long you will have to live next to this person?
Reply:My father in law had the sort of same problem.

Although I think that £100 is quite alot of money to bang down the shed and get rid of it, but I would suggest that you tell your neighbour that you are having the fence done (you probably have already) and that you have taken legal advice and because his property is now in your garden (and is basically trespassing) you now have the right to push his shed away from the area that you need to build upon.

Say to him that you don't want to be unreasonable and maybe say that with a nice new fence his property and your property will benefit if either of you want to move.

The only problem i can see is if your builder of the new fence has to step onto his property to get access to build (sorry you didn't mention it)

Try and appeal to his better nature, chat him up abit he might come round. Specially if he thinks that his property might increase in value because of a new fence , you are paying out for.

I wish you luck
Reply:i agree push it back to his garden. if he gets shirty then remind him that the offer was made to have it removed but he was to tight to pay up. if that fails tell him to go f**k. some ppl want everything for nothing !! good luck.
Reply:Yes, push it back. It's on your land but it's still his property so you can't just remove it.
Reply:i would say you have every right to move it off your garden even if it does fall apart doing so
Reply:You could have claimed your fence off of your building insurance, by saying his shed fell on it during the bad weather (high winds)and he could actually claim for a new shed the same way..(saying it fell in the high winds)..

But on your neighbours side with refusing to pay to have his shed knocked down and removed.. come on £100.. seems a bit of a cow boy..
Reply:You have every right to push the shed back onto his land, but I would give him another chance and give him the date the fencer is starting. Tell him the shed will be put back onto his land before this unless he wants it removing. Just a thought, if he wants it removing get the money up front.
Reply:push it back . you tried talking to him and he wasn't being reason able so why should it hold you up.
Reply:Be very care full there, if the shed is still standing and you push it and it breaks you could be held responsible, no matter what state its in. If your neighbour claims he was going to repair the shed, or anything like it ( remember he is being unreasonable already) you could end up paying for the shed as well. I would try and come to an arrangement with him before you do anything drastic.

Good luck on this.

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