Fence dispute unfortunately?

Question

My neighbour has erected a fence which was orginally mine and didn't ask, but the issue is is that her builders have hammered in nails into the fence which show through my side and would possible cause my daughter some damage. I dont want her builders in my garden as they have been aggressive,taken stuff away from my garden, caused damage, had an argument and were threatening to my contracter is here anything I can do?

Answer 1

Contact the city, get an official involved. That is what they are there for.

Answer 2

ask the police,

Answer 3

Yes, get a propertyline survey done, or ask if your neighbor has had one done.  You can also hammer the nails flat or back out.  Screws should have been used anyway.  Your neighbor may be unaware of the bullish behavior of the workers so it would be in your best interest to seek agreeable terms with them since you have to live next to them.  A property line survey will solve any conflixt but may not be in your favor too.

Answer 4

If it was me I'd take a hammer and drive the nails back the other way..The dummies putting up the fence should know what size nail to use so they dont pop thru the other side..As for them invading your garden.Call the police Thats a good place to start

Answer 5

Make sure where the fence is located- on your property or not.

If it is on the property line then you both own it. If it is on the neighbors side i would advise you to not touch it. If it is on the property line or on your property line drive the nails over (bending them flat).

If you don't feel comfortable doing that I would then put some plantings,shrubs,etc. right up against the fence.

You could call the police dept or sheriff and ask them to come out prior to you saying anything to the fence builder or the neighbor, that way if you would need to call them they would be familiar with the situation.

Without knowing both you and your neighbor it's hard to tell who is actually doing the right thing here.

If you get a lawyer - you could probably take that money and kiss it goodbye. Your contractor needs to stand up for his self to the fence builder. You may call the building inspection dept for your city or county to see if your neighbor actually pulled a permit for the fence.

Answer 6

Do you have a homeowners association?? I would contact them...otherwise I would get the name of her builders and all their main company # and ask to speak to a manager. Tell them what their workers are doing and ask them to fix/repair those issues or pay you for the expenses to do so. You cal also file a complaint with the better business bureau. and possible call to file a police report, so that they are forced to fix the rpoblem.

Answer 7

The question is whether the fence is legally hers or yours.  I'm not certain what you mean by "a fence which was originally mine."  If it's on your side of the property line then it was yours and it still is.  If it's on her property then it's hers.  

If the fence legally belongs to you (because it's on your property) then you can tear it down, remove the nails, etc.  without asking permission from anyone.  However, if the fence is on your neighbor's property then you need to send your neighbor a certified letter stating that her workmen have created a dangerous situation with the nails and asking her to fix the situation immediately.  

If the fence is your neighbor's property and you try to fix the situation yourself without permission, you are going to be in violation of the law.  

In the meantime tell your daughter to stay away from the fence.

Answer 8

Your neighbor is not the problem.  The fence installers are.

Answer 9

Just hammer the nails down. Bend the nail to the side and fold it close to the fence to where it doesn't stick out that far.

Answer 10

Absolutely, you have every right, contact your agent if renting, if not contact the local council and see if she had placed a da (development application) with them, if that isn't working I would contact the police and the media.

There are always a pain in a neighbour.

Good Luck with this one, also take photos for proof.

Min :-)

Answer 11

get in touch with the ombudsman, obviously this is work that is unsatisfactory and does not comply to building regs.