Party / boundary fence

Jobrien said:
They want to replace it with their own new fence. They are doing a very big job in their back garden and part of their front garden which they have their side but they have already used a digger in the front and enchroched over onto my side and have also damaged my side with the digger. It's a mess. It's a long story, last Sunday he approach me to say that he was knocking on my door all day on the previous Friday. I explained that I was in hospital with my dieing brother. He said that they were going to put their new fence against mine. I said fine as they already have a fence against my side on their side. The next evening his wife came over to say that they wanted to slot their fence into where the original fence is. There is nothing wrong with the fence that is there as we maintained and painted it every year.
I had just gotten bad news about my brother and I honestly wasn't thinking straight so I said ok to her. I ask her the next day if the new fence could be painted as it is not the usual type of fence and doesn't look to be as good quality. She said that I would have to be careful that it didn't go through to her side. They know that my husband isn't here at the moment and they asked if he was coming back and I without thinking said not for a while. My husband is in hospital but that's not any of their business.
They moved in from Lithuania 3 years ago.
Anyway he told me that he is going to remove the original fence and I said that he couldn't without my agreement and he said that he is going to anyway and that I could f**k off. So now I am in bits worrying about what to do when his work men go about taking the fence out tomorrow morning.
They are taking advantage of the fact that I am on my own. They wouldn't have spoken to me as they did if my husband were here. That's why they asked me if he was coming back.
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I think the Gardai would be sympathetic in your particular circumstances and might be willing to have a word
 
Jazz01 said:
@Jobrien - from your own perspective, document everything up to now - take photos of the front & back etc, include timelines and as much info as you can in your notes.

Idealy, if you feeel up to it, talk to them again on this, but if you feel threatend or itimidated, etc, then just walk away and try not to get into a discussion / argument with them. It's a very stressful time on it's own, but with you brother's situation, we can only imagine how difficult this is
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Thank you.
Salvadore said:
I think the Gardai would be sympathetic in your particular circumstances and might be willing to have a word
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I did contact the Garda but they never came.
 
Jobrien said:
Thank you.

I did contact the Garda but they never came.
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Did you call directly to the station? Most of them have a community officer who are generally very understanding. They offer advice even if they can’t intervene directly.
 
Your neighbour sounds like Donald Trump in his determination to build that fence except that you are not going to be the one to pay for it !!

Your first priority is to create a picture collection of what is there now before the evidence is destroyed.
If possible, also take pictures from upstairs to show context.
When taking pictures imagine that you taking them for the benefit of a judge who will need to get a clear understanding of what is in dispute.

Deeds do not seem to contribute much useful information in boundary disputes.

The fence is either a boundary fence or a party fence.
If it is your boundary fence "Donald" has absolutely no rights to touch it.
If it is Donald's fence you have no rights even though you have contributed by maintenance.
If it is a party fence your interest in it means that Donald has to reach agreement with you before acting.

Although 99% certain it is not there see if your title deeds include a party wall agreement. If there is one check that the previous signatories to it drafted it such that it binds subsequent owners.

Did you buy from developers or from a previous owner ? If a previous owner see if they can be contacted with a view to seeing if they have any useful evidence to offer. Otherwise, you may well need a solicitor to do some searching through the title deeds to see if they yield any information on this subject in the context of what was conveyed. For example, our house was built on land demised from a religious order who required the developer to build a boundary wall which was conveyed to my parents as a boundary wall.

Telling you to f*** off is just unacceptable. It is typical of the type who likes to expand their boundaries in a "land grab" type of operation.
Tell the neighbour that you might need to seek an injunction if he starts up again with his threats.
 
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