Viewing 40 posts - 1 through 40 (of 69 total)
  • Neighbour woes who owns the fence ?
  • unfitgeezer
    Free Member

    Was just in the back garden and my neighbour who is usually okay and we get on asked me when I’m going to fix the blown over fence as 3 panels went down last week and have totally disintegrated.
    i replied that they are his due to them being marked on the deeds as his, he replied that the previous owner that lived in my house changed the fence on that side so therefore they are now mine ?!?!?! er no they are still his aren’t they ? He got very arsey with me I replied that this isn’t something we should fall out over but that i would get legal advice over it, if it turns out that indeed they are mine then of course I would replace them but as I didn’t put them up what the heck has it to do with me !? If they turn out to be mine then do the deeds need to be changed ? (for the record he can go Fhimself it happened before we moved in….some people really know how to ruin a good day !

    What course of action with the lease possibe fallout ?

    jam-bo
    Full Member

    Who’s land are they on? When I’ve put up fences I’ve always put them inside the boundary line

    rickmeister
    Full Member

    If the neighbour is still amicable, get his and your deeds on the kitchen table with coffee and hobnobs and talk it out first. Before it goes legal…

    Another option is to both agree to split the cost 50/50, again, before it goes legal..

    Cougar
    Full Member

    i replied that they are his due to them being marked on the deeds as his, he replied that the previous owner that lived in my house changed the fence on that side

    Then the fence is his and he should be grateful that the previous neighbour gifted him a free fence. Next?

    iolo
    Free Member

    3 fence panels plus posts plus ballast plus bit cement cost how much?
    If the both of you help each other to fix it there’s at most half a day’s work.
    50/50 on the material cost.
    Job done.
    Or you can go the legal deed way where the fence will lay on the floor for the foreseeable future and your neighbour will never speak to you again (even if he’s wrong).
    I know which option I’d take.

    martinhutch
    Full Member

    ‘When we are past the winter storm season’ would be a reasonable reply, even if they were yours.

    If the fence construction is the same on both sides of your garden, that would add weight to his statement that the previous owner had fitted them.

    Talk to the neighbour on the other side and try to establish whose is whose. Normally along a row of houses you’d be responsible for one or other side fence, but not both.

    At the end of the day, it’s just a fence though. Nothing worth legalling over.

    dmorts
    Full Member

    If the neighbour is still amicable, get his and your deeds on the kitchen table with coffee* and hobnobs and talk it out first.

    *How should this be brewed? Aeropress?

    Cougar
    Full Member

    Talk to the neighbour on the other side and try to establish whose is whose.

    Or, he could just read the deeds.

    unfitgeezer
    Free Member

    At the end of the day, it’s just a fence though. Nothing worth legalling over.

    If the neighbour is still amicable, get his and your deeds on the kitchen table with coffee and hobnobs and talk it out first

    I agree but he just kept repeating himself in a singsong voice its yours as the previous owner put it up so therefore its now yours…as for the 50/50 option thats not an option at all as the rest of the fence is shagged so no way going down this route as its a long fence ! (90ft)

    iamsporticus
    Free Member

    If you go “legal” there will be only 2 winners here – which is the lawyers you each appoint

    Work it out and go for 50:50 would be my advice

    I had a similar scenario with a wall a while ago
    It was my wall but retaining his land

    A friendly lawyer (!!!!) informally suggested I go halves with my neighbour to prevent years of pain

    Good luck

    Cougar
    Full Member

    the previous owner put it up so therefore its now yours

    The previous owner put it up so therefore your neighbour got a free fence.

    Regardless of who put it up, it’s not part of your deeds so couldn’t be part of the sale of the house when you bought it. If your neighbour is adamant that it doesn’t belong him then I suggest he takes it up with the previous owner who seemingly still owns a fence on his property.

    rickmeister
    Full Member

    So, irrespective of which side the panels are on the posts, is the key thing the position of the posts in relation to the boundary ?

    So, if the posts are his side and your previous homeowner put the panels on your side…. He gifted your neighbour a fence … If you follow my thinking…

    twinw4ll
    Free Member

    Knock something up using some old pallets and corrugated iron, that’ll teach the ignorant tw#t.

    Cougar
    Full Member

    my neighbour… asked me when I’m going to fix the blown over fence

    If he’s adamant of course, the other line of attack is “what the frank does my fence have to do with you? I don’t have the time, money or inclination to fix it right now so I’m going to leave it.”

    scaredypants
    Full Member

    *How should this be brewed? Aeropress?

    How is the OP to assert dominance by showing his neighbour an Austin Powers cock-training device ?

    £4,000 of bean to cup hissing, followed by mastery of the foaming wand*, will be required here.

    (* err, no, not that foaming wand)

    unfitgeezer
    Free Member

    Property marked in red is his ! this is the title plan view for his house he actually does have two fences to maintain due to the fact that there is a shared access road on the side of his property its shared between 3 houses and we have a legal right of way to use it but it belongs to him…

    i have enough crap going on without this in my life !

    scaredypants
    Full Member

    ufg – is there a similar view of yours that has no red on his side ?

    (are you viewing deeds online or from a pdf on yr comp ?)

    unfitgeezer
    Free Member

    pdf on my computer

    Drac
    Full Member

    You seem to be being attacked by these guys.

    vinnyeh
    Full Member

    presumably he’s seen your flash new motor, and decided you’re spending your cash on the wrong things. 🙂

    scaredypants
    Full Member

    😀 drac

    ebygomm
    Free Member

    Am I missing something? I don’t see anything on that that indicates anything about boundary responsibility, no T marks.

    onehundredthidiot
    Full Member

    If you end up having to fix it it must be yours to do with as you wish. Get some tasteless murals painted on one side, obvious not the one you can see. He obviously can’t do anything about it as its your fence.

    unfitgeezer
    Free Member

    ebygomm – Member
    Am I missing something? I don’t see anything on that that indicates anything about boundary responsibility, no T marks.

    you are indeed correct !

    user-removed
    Free Member

    …as for the 50/50 option thats not an option at all as the rest of the fence is shagged so no way going down this route as its a long fence ! (90ft)

    So you’d rather gamble on paying for the whole fence? This happened to us a few years ago – the neighbour and I eventually got our arses in gear, went to B&Q, bought the materials between us and spent a pleasant afternoon drinking beer and building the fence. Sounds like your neighbour may be a bit of a wazzock but 50:50 is the way forward for neighbourly relations.

    peter1979
    Free Member

    When I had a similar issue I was informed by my solicitor that usually you are responsible for the fence/wall to the left side of your garden (when viewed from in the house) if you are in a terrace. The only exception to this is if your garden is being retained by said fence/wall (eg if your garden is at a higher level than your neighbours) in which case it is your responsibility even if it’s on the right side. I expect though if the fence has been put up within the boundary line of a property then it’s that persons property/responsibility.

    nealglover
    Free Member

    …he just kept repeating himself in a singsong voice…

    I ******* hate that.

    He’s clearly a total bellend if he did that.

    Good luck dealing with him without losing your rag 🙄

    spooky_b329
    Full Member

    I’m sure I read at some point that if you replace/maintain a fence, you assume responsibility for it. It would be a bit harsh if my neighbour replaced a wire fence or hedge with a posh/quality fence or worse, a brick wall, and then the burden of maintenance fell on the me.

    My neighbours fence has been flapping about on a broken post for 12 months now in a very exposed location (and the house has changed hands during the summer) so yesterday I decided to fix it before it disintegrates, unfortunately that means chopping the side off a 2 foot tree stump as its hard up against the broken post and I can’t make a hole for a concrete repair spur.

    hammyuk
    Free Member

    See it’s the opposite from when I bought the previous two properties.
    Looking out it was the RH fence/wall.
    Look to see which is the “good side” of the fence on both sides – the “good side” is what the neighbour sees of YOUR fence.

    project
    Free Member

    Youre lucky we have agreed with neighbour on a new wall a lot of cash wall built now they want another 2 k to make it higher.

    Perhaps we can start a collection to buy you some fence pannels and posts.

    martinhutch
    Full Member

    Look to see which is the “good side” of the fence on both sides – the “good side” is what the neighbour sees of YOUR fence.

    Not sure that’s always the case in these selfish times…

    I’m responsible for the RH fence looking out from my property.

    From what the OP has said about his neighbour’s approach, one of these might be the best solution:

    crankboy
    Free Member

    I am a lawyer I can confidently assert from looking at your title plan that I have no clue who owns the fence from memory all title plans outline the subject property all in red and are normaly not clear about where boundary partitions exactly fall. Hence the mass of argument about good side and bad conventions of left side etc . Is there any narrative in the deeds as to boundaries ?
    I can also confidently assert that the cost and stress of going to lawyers over this massively outweighs the cost and stress of putting up a fence.

    On the other hand thanks to sing song voice I’d be leaving it down for at least y months .

    Bunnyhop
    Full Member

    I know this isn’t helpful but have you considered planting a hedge? Even though it’s his responsibility.

    Cougar
    Full Member

    When I had a similar issue I was informed by my solicitor that usually you are responsible for the fence/wall to the left side of your garden (when viewed from in the house) if you are in a terrace.

    I believe you were misinformed. Unless the deeds say otherwise, joint responsibility is assumed.

    TheDoctor
    Free Member

    Go super cheap, use even less wire and fewer posts than this!

    trail_rat
    Free Member

    Hat the doctor said…. Plus a very thorny breed of hedge just inside that 🙂

    trail_rat
    Free Member

    Or worse still…if anything let of old panels , nail them back up holes and all……

    project
    Free Member

    Fence posts then get some of that orange perforatedplastic fencing and just thread onto wire, job done, youre only demarlkating your area of garden not creating a peace wall as done in northern ireland.

    tinribz
    Free Member

    My neighbours on all three sides have at some point informed me that the broken fence belongs to me, but out of the goodness of their heart will go 50/50. Then proceed to ‘supervise’ me fixing it up.

    My deeds or covenant said somewhere about everyone owning the fence to the right.

    unfitgeezer
    Free Member

    This is/was really bugging me so I phoned my cousin who’s a property lawyer and he said under no circumstances offer to pay half or every time it blows over you’ll be paying, he made a good point its bothering him more as its him that approached you over the matter ! so do nothing and wait till he does something… or and he said the best thing to do is drop a simple email something like this


    Dear Arsehole

    I have now spoken with the neighbours regarding their boundary fences and maintenance (I have not told them the reason as to why) and all 4 houses are responsible for the right hand side (looking from the rear).
    I have sought legal advice regarding the issue with the fence (on my left and on your right) with the broken panels and its irrelevant that previous owner before our occupancy maintained or changed them.
    I am more than happy to help you one weekend to change them but under no circumstances do I take responsibility for them.

    I hope we can resolve this amicably and move on.

    Kind regards

    NICE PERSON

    Any thing to add to the email? Cousin lawyer says fine…

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