Our neighbours are kicking up about our garden fence?

Question

One of our fence panels has fallen down, we repaired it but it needs replacing. My mum was going to get it done when we could afford it because we recently had to have our windows and cladding done because it was rotting (wood). Today our back neighbors have come round, the lady has a stinking attitude saying how she's waited 8 years for a new fence panel, the panel she puts in front keeps falling down. My mum explained she's had a lot on her mind as my Nan has cancer and she just couldn't afford it at the moment but if she was willing to pay half she'd get it done. The women said she doesn't care about personal issues and she's not paying half. When the women left my Grandad came over, my mum explained to him what had happened and my Grandad said she can wait and my mum said she had a stinking attitude. 5 mins after my Grandad left, the women is back claiming she is sick of the abuse, which she gets over the fence and could she speak to my mum's husband (to have a go at him).

My mum said my husband isn’t in, which the women said I’ve just seen him. My mum explained that was her dad. The women said she heard every word of what was said (my mum and Grandad were in the kitchen!) and she’s sick of the abuse, she was saying how can you afford to get the house done and not the fence. She then brings up all this stuff, we were commenting on the weeds growing over our fence (which I must admit I did say at the weekend because I was commenting on our fence and if we get a new one their weeds would ruin it) and how we slag her off (which is rubbish), my mum said we often sit in the garden discussing my daughters mates and how when her little boy was crying, we apparently told him to f’ing shut up! (erm not true). We got the trees chopped down for them because they applied the pressure but because the workers left a stump when chopping it down, she thinks we did it to annoy her.

We are going to get the fence done for an easy life but probably won’t be able to afford it for a while, now I’m worried that she is going to threaten my mum with abusive behavior and go to the police? Is she going to start taping our conversations? We can’t even have a conversation in our own home, let alone in the garden! Do we have to get the fence done straightaway? What are our rights?

Answer 1

Take the whole fence down. As a couple of folks here have already said, you are not legally obliged to have one, but if you do you do have a civil, if not a legal, obligation to maintain it to a safe standard. If it's damaged it is not safe and this harridan could use it as an excuse to have a go at your Mum through the courts.

You are legally allowed to ban her from entering any part of your property but you would probably benefit from a restraining order. A neighbour of mine downstairs had a problem with a rent-a-gob next door to us. He bought himself a 2ndhand voice recorder and whenever he answered his door he picked it up and took it with him. You do have to warn the person that you are going to record them but, in the case of my neighbour, the rent-a-gob suddenly found masses of virtue in silence and went away. Not been back since, although the odd snide comment floats over his fence from time to time when he knows there's someone to listen to him.

My best wishes to your Nan.

Answer 2

There is alot of factors that you have'nt mentioned they may help with precise answers.
Who bought the fence,and who put it up are the most obvious question i would ask.
If your family paid for it,and put it up then its none of her damn business anyway.If the cost was originally shared with this neighbour ,then she should share the cost of repairing it.
Alot of neighbours benefit when others put a fence or wall up,as the also gain a fence or wall.Maybe your fence improves the general look of her property,and now it is damaged it does'nt look so good.
Be brave and if she comes around being abusive,tell her politely to leave or the police will be called.Tell her if she comes anywhere near your property in future she will be reported to the police for harrassment.
If you have told her not to come to your door,if she does it is deemed as harrassment.
As for the fence repair it when you can afford it,no-one can ask you otherwise not even the council.
Is the fence on the property border or is it on one property alone,as this can make a huge difference in this dispute.

To be honest if the fence was bought by your family and no-one else,i would remove it completely.Only the side that boarders your idiot neighbour,tell her if she wants a fence then go get one.
When removing the fence,do it so you can save all good panels etc as my advice is to re-erect it.
But this time put the fence within the boundary,say at least a foot.Once this fence is up,look after it and maintain it in general.But as it is now a foot on your families land your neighbour can't even put a hand on it.She cant even nail a hanging basket on it or plant anything that would emproach on the foot that you have given yourself as the foot still belongs to you.
There is no pleaseing some people so don't bother trying,do what you feel is right for the family not the neighbour.

GOOD LUCK.

Answer 3

I am assuming you are in the UK.
Get your mum or dad to write a letter to your neighbour. Be firm in the letter but not rude and do not use any abusive language. Explain in the letter that you appreciate the problem with the fence and you will get it repaired when you are financially and mentally able to. Explain in writing about the illness in your family and that this must take priority. Also in the letter ask the neighbour what problems not having a fence panel are causing her and ask her to reply in writing. Also suggest in the letter about paying half. Keep a copy of the letter. If things get out-of-hand then see a solicitor (this could be quite expensive). This is what I would do. The warning I can give is although the letter could frighten her away, if she is irrational it could make matters worse. Some insurance policies (buildings, contents etc) have a free legal telephone helpline. See if yours has this and give them a ring. This will keep things unofficial if you prefer.

Answer 4

nip to b&q and replace the fence panel for £20.00, if she carries on having a go then report her to the council.

You can complain to the ASBO team with in the council.

To be honest if you can't afford the fence then you can't afford it and there isn't anything that can be done.

Never feel like you need to do something because of a neighbor, you just need to be polite.

If she tapes your chats, that can't be issued in a court of law unless a third party member is doing the taping.

Have a good afternoon.

Answer 5

Those telling you that you are under no obligation to provide a fence are correct providing there is nothing in the deeds requiring the maintenance of some form of boundary. If not then either leave it or take the lot down and tell your neighbours to blow it through their behinds. These people really annoy me - if they are so concerned why don't they put their own fencing up?

Answer 6

Get your mum to phone the local police station and ask to speak to the community police officer for your area. Inform them of the hassle this neighbour is giving you and ask for advice on how to handle it. This way you are making the police aware that there is a situation arising, and it prevents it coming back on you if she should go to the police. The fact that she is coming to your door and giving you so much grief is actual breach of the peace and harrassment, but if you have personal issues to deal with at the moment then pressing charges isn't worth the stress. So speak to the community officers, they will help, give advise, and may even have a quiet word with your neighbour if you wish.

Answer 7

Is the fence yours, hers or joint? Your house deeds will tell you. You wil know how to go from there especially if the responsibility is joint I do not know if you have an obligation to repair the fence but good fences make for good neighbours but this on is ( from your side of the story) a bit of an old C-w

Answer 8

to be honest she may be making a rod for her own back by always complaining. do you realise that you are only responsible for one side and you next door neighbour may even be responsible for the side she is complaining about.

it if is a council house ask the council which side you have to fence, if it is your own property inspect the deeds for the same information you maybe pleasantly surprised at the result.

the general rule of thumb re this matter is as you look at the house from the front you are responsible for the right hand side on both front and back HOPE THIS HELPS TO SORT IT OUT

Answer 9

You are not obliged to have a boundary fence at all!
I'd pull the whole thing down and tell her to swivel.
Your family business is just that, none of her concern.
She sounds like a bully, bark back and she'll soon get the message!

Answer 10

This woman will always find something to bully you over. She sounds very sour and discontented and each time you pander to her whims she will find something else. She is not allowed to record any conversations which you have in the privacy of your home and perhaps the easiest thing for you to do is to find code words for referring to her and the fence and other hot topics. We have to do this for one of our neighbours who is known to listen in. I would be tempted to forget the fence altogether and start a hedge. Holly would be great with a neighbour like that!