nails in my fence from the neighbour

[miss-smithy]

please can anyone advise me my neighbor has put up a fence about 8feet high about a foot into my garden on my boundary on my fence post with the nails sticking through on my side in 3 rows along the fence top middle and bottom my dog can no longer play in the garden as she has cut her paws a few time on the nails and we have a baby who will soon want to be able to play in the garden too how can i go to for help i cant afford to pay legal fees i have been to the council about 4 weeks agobut not had any response

[Brinjal]

Have you spoken to the neighbor ?

[beso]

If it is really a foot onto your property you can insist it is removed. If they refuse to remove it you can have it demolished, throw the debris back on their side and send them a bill for the work.

However I would start by pointing out that it is not in the right place.

Even if it is in the right place a boundary fence can only be built to a design agreed by both sides and it must comply with local council regulations. Where I live in Australia that means no higher than six feet.

The nails sticking through are certainly not allowed.

[woofgang]

in the Uk if it is on the boundary, your neighbour can put up any fence they like but it must be safe. Why have you not talked to the neighbour?

[boxtops]

It must be on their boundary, not encroaching on your land - and usually planning permission is required for a fence over 6 ft high. They certainly can't leave it so that it has hazards (i.e. nail points) on your side. Have you pointed these things out to your neighbour? Who did you speak to at the council, the planning officer? Is your home and theirs privately owned, or rented (in which case you could involve the landlord)?

[murraymints]

in Scotland planning permission is needed for over 2m ..environmental health can help with the nail issue probably !But I would try and reason with neighbour first !

[cathfromsaron]

he surely has a duty of care, and should reposition the fence and reinstall it safely!

[RATTER15]

Also: they certainly cannot attach their fence to the posts owned by you.

[miss-smithy]

i do own my house and the fence in question is mine in my garden they are responsible for a fence on the boundary line but haven't got one they removed the bush that was on the boundary and left it gaining what was part of my boundary their teen kids and dog wrecked my fence in the summer last year then a bit later on they put up the fence panels to my post and frame pushing the rest of my fence down this is when i was told it was a civil matter but recently i have been told what they have done is illegal and i can sort it out but i don't know how to my neighbors are not nice and not approachable to sort this out in a nice way i live in the east middles so English law would stand whatever that is :-) i am on my own with my teen children and work i don't have family local to me other than my mum how is disable so feel they think im easy target which isn't the case as i would really like to get all this trouble sorted once and for all thank you everyone for your advise so far :-)

[bednobs]

well firstly i would recommend you or one of your teens get a hammer and make the nails safe on your side = problem solved re puppy and baby

[whiskeryron]

Find your local C.A.B. (Citizens Advice Bureau ) They will hopefully answer all of your legal questions.

WR.

[miss-smithy]

Love you answer bednobs but we'd get so much hell for it that I haven'tdone it although thought it :-) trouble from them have been going no for 6years now :-( I will contact c a b as soon as I can ( reason other than cost for not dealing with this propely sooner is as well as work I was full time carer for my dad who recently pass away) thank you once again x

[murraymints]

I still thimk environmental healt the stronger redress as you have kids to consider....in your tel directory under your local council..nothing worse than a neighbour from hell..good luck !

[miss-smithy]

thank you murrymint I will do that too x

[murraymints]

good luck..it's a worry when there are young kids around...

[Postdog]

Dunno if it's been said already but IF it has been attached to YOUR fence you do have right on your side. I know from bitter experience when a neighbour of mine called the police because (in an effort to straighten a branch on a tree) I tied (and ONLY tied) a bit of string to his fence. I ended up getting a caution from the police.

[B00]

Seriously postdog?

Wow, don't people get their knickers in a twist over the most trivial things? And to call the police? What a fantastic waste of resources!

[miss-smithy]

Thank you I just need the backing of the authority now which is the hardest bit I think but at least I know I do have a right in it all :-)

[sallybb]

does your house insurance cover legal fees, with regard to neighbour problems. Ours does and we did have to use it a few years ago, with success, its worth checking out your policy.

[miss-smithy]

Hey sallybb thank you for that I will check it out :-) Im feeling much more positive today and taken photos of the fence to start with for evidence :-)