Neighbour crossing boundary!

[CatherineT1992]

Hi everyone!

Just after some advice. My neighbour has a lean to that is supported by and crosses my fence area!

Prior to the pandemic, I have approached him and asked him nicely to remove it, I have explained that the runoff from the side of the house in particularly wet weather is leaving our area saturated and overwhelming the drains. I have also explained that it is damaging our fence etc. He acknowledged it was there, gave me a friendly ‘ok’ and then did nothing whatsoever to rectify this.

Now however over time there are strips coming loose, bits of wood and corrugated plastic fall into my garden. This year we are having a landscaper in as we have not long welcomed our first baby and I’m keen to have a nice area for him to toddle about in!

It’s not even worth my while currently painting the fence or anything because the runoff will just ruin it! As seen in the photos.

I’ve no idea what to do next - incredibly frustrating!

Any advice appreciated!

Thanks

 

[Tigercubrider]

Are you sure that's your fence?
Normally the supports are on the side of the owner.
Technically he's not supposed to drain onto your property

 

[CatherineT1992]

Hi tiger cub rider! I’m not sure - I had sort of assumed it was. These were new build houses and the fencing was provided by the builder. The photographed area is between the two tarmac areas. At the bottom part of the garden, where the grass would be, there are two fences sort of back to back with the post supports in between, so one facing into my garden, and the other into his and then this single fence, runs right from the fence facing into my side up to the gates.

 

[HERTS P&D]

Let alone the water pouring onto your side. Find out who's fence it is for sure and let us know.

Andy

 

[CatherineT1992]

Hi herts p&d - I will do that but my thinking is regardless of whose fence it is he shouldn’t be able to cross that boundary into my property and drain off here.

To be fair I wouldn’t care if he kept the lean to so long as he amended it in a way that the drainage stayed on his side of the property!

Over time and in its condition we have screws, pieces of wood and corrugated plastic dropping into our garden of there is bad weather. This is a safety concern for me too with such a young boy who will be toddling about soon!

Even if he would enter into discussion about it I’d be happier - he just gives me the ‘ok’ and then does nothing but has ignored me everytime since!

Thanks

 

[CatherineT1992]

This image probably demonstrates what I mean about the back to back fencing area better.

 

[sxturbo]

That's pretty shonky.

Being a new build I wonder if that's allowed, I know new builds tend to have a multitude of things your not allowed to do, do you pay ground rent for the estate?

 

[CatherineT1992]

Hey sxturbo! We have so many things we’re not allowed to do, like I’m not allowed to erect fencing to the front of my property, or keep chickens rather comically haha!

No I don’t pay ground rent. The only extra item we pay is a management committee fee for the likes of cutting grass and trees in communal areas.

 

[HERTS P&D]

He needs to cut back the overhang on your side and fit guttering on his side.

Andy

 

[sxturbo]

Might be with speaking to the management company and asking their advice as to whether the owner is allowed to do that.

Herts p&d is right, the neighbours need to cut it back and install guttering.

 

[HERTS P&D]

I had a similar problem at a family members house where the neighbour had put a fence in the front garden on 'our' side of the boundary. I spoke to the neighbour who told me it was staying. I then got the fencers phone number and asked them to move it, they said NO. I then went and pushed the 4ft high fence over to the neighbours, they came out screaming and I told them it was in the wrong position. I few days later I got a call saying the fencers were back putting it back up again, I went round and asked them to move it, they said NO, so I just pushed it back over again and told them and the neighbour I will do it every time until it is in the correct position. They then moved the fence.

Sometimes force is needed!

Andy

 

[Diver Fred]

Looking at your 'photos I see there is a boundary marker in the ground underneath the fence, the white concrete kerb strip. The fence appears to be directly above that with the 'good' side facing you - in my book that means it's your neighbours fence.
The water coming off the roof is shortening the life of the facing boarding.

Now lets talk about the corrugated roof he has. The sheeting is NOT properly supported as each sheet should be fixed at every third ridge to at least 3 purlins (crossrails running the length of the roof; 1 about 3inchs from the bottom, 1 on or close to the wall and 1 central to the other 2 unless that span is 3 feet or less with plastic sheeting). As it is it will breakup sooner rather than later.

I'd suggest that you meet him halfway; allow him to put a gutter up on your side provided he drains the gutter onto his side. Get that agreement in writing, counter signed by a solicitor, the original lodged with your deeds and you both keep copies to hand.

 

[HERTS P&D]

[QUOTE="wgt52, post: 4948512, member: 237480"I'd suggest that you meet him halfway; allow him to put a gutter up on your side provided he drains the gutter onto his side. Get that agreement in writing, counter signed by a solicitor, the original lodged with your deeds and you both keep copies to hand.[/QUOTE]


What??? 100mm of guttering on her side??? No Way!

Andy

 

[Mottie]

Build the same on your side but tuck it under his - or at least threaten to.

 

[Diver Fred]

Looking at your 'photos I see there is a boundary marker in the ground underneath the fence, the white concrete kerb strip. The fence appears to be directly above that with the 'good' side facing you - in my book that means it's your neighbours fence.
The water coming off the roof is shortening the life of the facing boarding.

Now lets talk about the corrugated roof he has. The sheeting is NOT properly supported as each sheet should be fixed at every third ridge to at least 3 purlins (crossrails running the length of the roof; 1 about 3inchs from the bottom, 1 on or close to the wall and 1 central to the other 2 unless that span is 3 feet or less with plastic sheeting). As it is it will breakup sooner rather than later.

I'd suggest that you meet him halfway; allow him to put a gutter up on your side provided he drains the gutter onto his side. Get that agreement in writing, counter signed by a solicitor, the original lodged with your deeds and you both keep copies to hand.

I'm going to reply to my own posting for continuity. Looking at your final posting which you posted as I was writing the above it's pretty clear he has put additional boards on his, reverse, side of the fence as he or his other half didn't like the look. From what he's done he could support the joists on his side of the fence and then cut back the joists and the sheeting so that he can fit a gutter over the gap between the leaves of the fence and then drain it to his side.

Good luck in getting a resolution.