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Garden fence boundary question

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  • 19-06-2019 7:23am
    #1
    overkill602
    Registered Users Posts: 267 ✭✭


    I am seeking advice on sorting a disintegrating garden fence erected by same unco-operative neighbour many years ago he is the same with all neighbours.
    I had a solution sourced and company to complete the work but couldn’t get him to engage I am ok about paying just want his permission to remove what left of an existing and to have his permission to go ahead.
    If I don’t have his permission i could be left with a fence delivered and not installed.
    The house is rented out have explained to the tenants the problem
    Is there any legal avenue as it is as much my right to provide a safe and secure boundary and I need his co-operation.
    Any thoughts/ I have post a pic of the proposed new fence next post.


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    #2
    overkill602
    Registered Users Posts: 267 ✭✭overkill602


    search?q=concrete+post+fencing&client=ms-android-samsung-gs-rev1&prmd=isvn&source=lnms&tbm=isch&sa=X&ved=2ahUKEwjSgZKcoKDhAhXBuHEKHV21DigQ_AUoAXoECA0QAQ&biw=360&bih=572


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    #3
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    Leave the original fence in place.
    Take dated pictures of the fence.
    Install the new fence inside your boundary line.


    Or spend time money and head space on an argument you can't win without paying for 2 days in court. ( day 1 judge says hi go off and talk about this, day 2 judge says hi so no luck then let's hear both sides. )


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    #4
    SuperS54
    Registered Users Posts: 1,197 ✭✭✭SuperS54


    Presumably you own half the existing fence? Just knock it down and replace with new.

    If it's solely his fence and he refuses to engage with you then have your solicitor write to him pointing out the hazard of broken timbers, rusty nails etc. and give him a specified period of time to rectify.


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    #5
    Glass fused light
    Registered Users Posts: 1,576 ✭✭✭Glass fused light


    SuperS54 wrote: »
    Presumably you own half the existing fence? Just knock it down and replace with new.

    If it's solely his fence and he refuses to engage with you then have your solicitor write to him pointing out the hazard of broken timbers, rusty nails etc. and give him a specified period of time to rectify.

    Presuming is criminal damage and criminal trespass.

    There is no legal obligation to fence a boundary nor to remove a hazard.


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    #6
    overkill602
    Registered Users Posts: 267 ✭✭overkill602


    No it is his fence on a shared boundary so I was thinking just install inside boundary line leave the existing in place the legal route is probably a waste of money thanks for the suggestion


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