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Neighbour issue - fence

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  • 27-11-2010 11:06pm
    #1
    Registered Users Posts: 30


    Hi first off I hope I'm in the right area to post this..

    I am living with my girlfriend in an estate. We own the house. Recently our neighbour removed part of the dividing fence in the back garden. The fence has been there for 10 years. To be honest, one of the timbers was broken and has been for some months. We both work and are doing up the house. It's on the list but haven't got around to it. Aside from that the fence was recently stained. We are not nuisance neighbours. The fence was in 5 sections. Only one timber needed repair on one section. They have replaced two sections to suit their garden with two completely different types of fence and it's hideous. We can see the back gardens of the four houses in our row and all are original. We were never approached.

    It was done on a Sunday morning while I was gone to mass. Didn't see it till later that day and my girlfriend saw them cutting up the old fence in their front garden... We were annoyed at the fence but more so that they couldn't have called in. Should we leave it or pursue it..? I've never had neighbour problems and dint know what to do..

    Also they have a bichon frise that barks constantly when they go away. It can bark for 30 mins take a small break and then go again. They have done nothing about it.. It will be barking when they return so they are aware of it.. I'm starting to hate living here but am afraid if I call in that I'll lose my cool and make it worse.. Please advise, Barry...


Comments

  • Registered Users Posts: 20,653 ✭✭✭✭amdublin


    Can you not put a fence up on your side which covers theirs??


  • Registered Users Posts: 30 bazzak20


    No it's higher than the original and the sections slot into concrete pillars. I think I would have thought of that on my own but thanks anyway..


  • Registered Users Posts: 32,634 ✭✭✭✭Graces7


    Is the dog left outside?

    Nasty people....


  • Registered Users Posts: 20,653 ✭✭✭✭amdublin


    bazzak20 wrote: »
    No it's higher than the original and the sections slot into concrete pillars. I think I would have thought of that on my own but thanks anyway..

    Well then they are not going to take it down aren't they. Could you not "clad" the fence on your side with you own wood/fencing to make it more aesthetically pleasing?

    If the dog outside could you report it to the ispca - I assume bichon frise are house dogs?? If it is inside not sure you can do anything.


  • Registered Users Posts: 4,306 ✭✭✭blahblah06


    remove the fence they put up cut it into pieces and replace it with one u want. exactly what they did


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  • Registered Users Posts: 9,338 ✭✭✭convert


    I know you said that the fence is a dividing fence, but whose fence is it? When I lived in a terraced house in Dublin (rented) each house 'owned' one of the dividing fences on each side of the garden, and it was up to that house to maintain that particular fence.

    However, when our neighbour wanted to change 'their' fence, they made sure to talk to us (and our landlord) about what they were doing and were planning on doing. They didn't just simply take down the fence and replace it without talking.

    Regardless of who 'owns' the fence, your neighbours should have had the common courtesy to at least mention that they were planning on replacing the fence, and that they did it when you were gone to Mass would suggest that they didn't want you to know (I'm basing that the assumption that you go to Mass each Sunday, and that they know your 'routine', so to speak - if you don't go regularly, then maybe they weren't deliberately trying to do it without you knowing)

    Maybe if you see them in the garden, at the door, etc. have a chat with them about it and say that you had been planning on repairing the fence, and keeping it more in line with what was there already so as to ensure that it was in keeping with the house/garden.

    However, it might be worthwhile trying to establish who has responsibility for the fence before you do so. Not sure how you'd trace it down, maybe EA you bought it from or check the deeds?


  • Registered Users Posts: 30 bazzak20


    Hi ya the dog is in the majority of the time. Have found out that I can make a complaint to the district court regarding the excessive barking.

    Love the way you think blahblah... It has crossed my mind.. :)

    And convert, ya I will look into it. The fence they removed is front facing in my garden, it has all vertical timbers that are pointed, where to them it was the rear which also had the horizontal ones that held it together so less pleasing to the eye. So they remove that and fitted the new section but with the rear now facing me. It is a completely different fence, square like you'd buy premade in B&Q. It doesn't go with my other 3 sections. Their old three sections are covered with shrubs so it suits them. Also my side was wood stained during the summer and the new fence is not stained at all. Maybe I'll take blahblah's advice and chop there's to pieces...

    As for calling in, that has gone out the window. Maybe I'll get a big shed and put it in that corner to hide the fence... Doesn't resolve the fact that they couldn't call in to us and went about it so sneaky. My pup was in the garden when they did this. Also my girlfriend is 7 months pregnant and no consideration for her. Serious lack of respect in my book. I'll flip if I call in so best I don't. So blahblah makes the best argument in my book..

    Thanks all for your input....


  • Registered Users Posts: 9,787 ✭✭✭antoinolachtnai


    If you are feeling angry, calm down before you do anything.


  • Registered Users Posts: 776 ✭✭✭afkasurfjunkie


    is your pup the non barking kind? im not sure your girlfriend being pregnant has anything to do with the story. they didnt ask her to put it up for them. i agree they should have mentioned it to ye first. do they have children or anything that would have caused the broken piece of timber to be a problem for them?


  • Registered Users Posts: 30 bazzak20


    Do you think I'd be giving out if my dog was barking.. He's a German shepherd and yes he doesn't bark. We have 5 in the family and have trained them all. They have been to obedience classes, and as he is exercised and worked out on a daily basis he is a balanced dog who doesn't bark and cry everytime his owner goes away...

    And my girlfriend being pregnant is relevant. She is more annoyed than I am. She is very house proud and doing up the inside at the moment before the baby. She has got a quote from a carpenter to make shelves for the kitchen, repair the rear fence and a few more odd jobs. She is shocked at the situation as we thought we had a decent relationship with our neighbours. I'm annoyed that they have upset her when she is heavily pregnant.. Is that wrong..?

    Our front wall was damaged some time back, all the plaster cracked and fell off and the pebble dashing. We got a builder to fix it and before we did my girlfriend approached the same neighbours to see if it was okay as we had to plaster and pebble dash two feet onto their side. They said it was okay...

    They have no kids to answer your question. I have racked my brain to come up with a reason for it. I'm stumped. I came on this to see what other people have done in similar situations or what the legal ramifications would be. I wouldn't do it to a neighbour and have never had an issue with any neighbour in the past.


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  • Registered Users Posts: 1,470 ✭✭✭Doop


    In fairness they replaced it at their cost when if they called in you would of probably had to shell out for half the fence. (but of course you would of had a chance to have a say in the replacement) Usually if a wall falls down etc the cost is split by both neighbors.

    Its done now, I cant see what you'll achieve by saying your unhappy with it... they're hardly going to take it down. Shrubs or screening should fix it. Boundary's can be a legal nightmare.


  • Registered Users Posts: 30 bazzak20


    On one section of fence there is 10 to 12 pieces of timber. On one section of fence, 1 timber was broken with half still remaining. Why then change two sections, one which was perfect. The other needed one piece of wood. It's not about the damaged fence, it's about changing it to suit themselves in a sneaky way. I would have happily paid for it to be repaired. They cut up two sections of fence for something that would have cost a small amount so they could change the fence. And ya on the scale of things it's not the end of the world but what next..?

    Do they remove the front hedge cause there is a branch broken or paint my wall to match theirs....!

    Again would like to hear from someone with a similar experience or anyone with a helpful input..!

    I'm getting the feeling that this is going nowhere. I was hoping to gather information to help take the appropriate course of action. It seems like the consensus is that I should just forget about it. Plant some shrubs or something to cover it. That is genius..! I doubt you'd be saying the same if you were in my shoes.


  • Registered Users Posts: 32,634 ✭✭✭✭Graces7


    bazzak20 wrote: »
    On one section of fence there is 10 to 12 pieces of timber. On one section of fence, 1 timber was broken with half still remaining. Why then change two sections, one which was perfect. The other needed one piece of wood. It's not about the damaged fence, it's about changing it to suit themselves in a sneaky way. I would have happily paid for it to be repaired. They cut up two sections of fence for something that would have cost a small amount so they could change the fence. And ya on the scale of things it's not the end of the world but what next..?

    Do they remove the front hedge cause there is a branch broken or paint my wall to match theirs....!

    Again would like to hear from someone with a similar experience or anyone with a helpful input..!

    I'm getting the feeling that this is going nowhere. I was hoping to gather information to help take the appropriate course of action. It seems like the consensus is that I should just forget about it. Plant some shrubs or something to cover it. That is genius..! I doubt you'd be saying the same if you were in my shoes.


    It is sad that folk like these neighbours just go their own way without any thought or consideration, isn't it? Sad indeed. As is the lack of compassion in so many posts here.

    We had similar issues one time; a solicitor's letter worked well.. it took it beyond any possibility of personal invective, you see.

    A third party input is often better.. and yes, wait and calm down a wee bit? Go to Citizen;'s Info also; they are skilled and resourceful and objective. Again a third party is a huge help always.


  • Registered Users Posts: 4,788 ✭✭✭ztoical


    bazzak20 wrote: »
    On one section of fence there is 10 to 12 pieces of timber. On one section of fence, 1 timber was broken with half still remaining. Why then change two sections, one which was perfect. The other needed one piece of wood. It's not about the damaged fence, it's about changing it to suit themselves in a sneaky way. I would have happily paid for it to be repaired. They cut up two sections of fence for something that would have cost a small amount so they could change the fence. And ya on the scale of things it's not the end of the world but what next..?

    Do they remove the front hedge cause there is a branch broken or paint my wall to match theirs....!

    Again would like to hear from someone with a similar experience or anyone with a helpful input..!

    I'm getting the feeling that this is going nowhere. I was hoping to gather information to help take the appropriate course of action. It seems like the consensus is that I should just forget about it. Plant some shrubs or something to cover it. That is genius..! I doubt you'd be saying the same if you were in my shoes.

    Have you spoken to your neighbour at all about the issue? Yes they should have spoken to you about it before doing anything to the fence but this could all be cleared up with a 10 min conversation. If it's not then yes by all means go speak to council or seek legal advice but you do have to live next to these people so why not start at the source?


  • Registered Users Posts: 30 bazzak20


    Graces7, your reply is well received. Finally some advice that is helpful. I came on this to get some info and unbiased advice. Instead it only annoyed me further.

    But I am calm again. :) Thanks for your advice. I will look into it. I want to take the correct action rather than get into a tit for tat situation.

    And to ztoical thanks also. Yes that would be a way, and maybe in a few days I will be calm enough to do so. Firstly, if I'm just told sod off then I will be more annoyed than ever and that is a possibility in my mind because of the way they erected the fence in the first place.

    Also I want to know where i stand legally before I'd make any attempt to call in, in case I get such a response. That way If trying to resolve the matter doesn't work I will be able to inform them of the legal path with which I will
    take. I would not like this to get out of hand as yes I'd have to live beside
    them. I'd be happy to put up with the fence [as i said above i can cover it with a garden shed] if I got an apology or even to understand the mindset behind it, and once I know such a thing wouldn't happen again.

    Thanks again for your replies. Much appreciated...

    Sorry about the paragraphing, writing this on my phone and can't fix it..


  • Registered Users Posts: 32,634 ✭✭✭✭Graces7


    bazzak20 wrote: »
    Graces7, your reply is well received. Finally some advice that is helpful. I came on this to get some info and unbiased advice. Instead it only annoyed me further.

    But I am calm again. :) Thanks for your advice. I will look into it. I want to take the correct action rather than get into a tit for tat situation.

    And to ztoical thanks also. Yes that would be a way, and maybe in a few days I will be calm enough to do so. Firstly, if I'm just told sod off then I will be more annoyed than ever and that is a possibility in my mind because of the way they erected the fence in the first place.

    Also I want to know where i stand legally before I'd make any attempt to call in, in case I get such a response. That way If trying to resolve the matter doesn't work I will be able to inform them of the legal path with which I will
    take. I would not like this to get out of hand as yes I'd have to live beside
    them. I'd be happy to put up with the fence [as i said above i can cover it with a garden shed] if I got an apology or even to understand the mindset behind it, and once I know such a thing wouldn't happen again.

    Thanks again for your replies. Much appreciated...

    Sorry about the paragraphing, writing this on my phone and can't fix it..


    Exactly so and that is an expert matter not one for opinion etc; call the Citizen's Info? They are great folk and objective.


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