As I mentioned in a thread recently I'm replacing the 3' fence either side of my garden with a 6' fence.
I live in a narrow row of terraces. The properties are ~3.6 m wide.
It's fairly obvious to me that my right fence is at least 6" over the actual boundary and sitting inside my neighbour's property.
I've made this rough determination by looking at the registry document I have for my property and seeing that the garden boundary should be a straight-line continuation of the party wall.
I have verbal permission to do the work, but I'm thinking I should put the new fence up closer to my property or on where I believe the actual boundary is. I'm considering a risk where I replace the fence in-situ and then in time some surveyor comes along and tells me I need to move it. My provisional plan is to move it maybe 3 inches so it's less obvious.
Seems like a sensible idea. Are you allowed to put up a 6' fence?
Well, it's not a conservation area and not next to a road. There are no provisions in the registry documents prohibiting it, and other properties on the row have 6' fences so I'm assuming so 😀
What does your neighbour say? How long has the fence been in the 'wrong' position?
The neighbour is a tenant and they said their landlord is fine with me replacing the fence as they are too. I've not mentioned the technicalities of the fence position. I'd say it's been there years, at least 10 more like 20 judging from the condition.
If the property owner is fine with the position of the fence, then stick it up in the existing position. I'd probably get aggrieved over six feet, but not six inches.
Traditionally, one of the fences will be your responsibility, and one will be one of your neighbours'. You can normally tell by whether the 'good' side is facing you - that one is your neighbours'. It's possible that if this is the fence in question, then the neighbour chose to stick it up inside his land because the actual boundary was obstructed. We have one of those where we weren't happy with the privacy the existing neighbour's fence gave us, so we chose to put up our own on our own land.
Stupid question but is that side fence yours and not your neighbours fence?
Depending on the garden orientation I'd certainly think carefully before doubling the height of fences from 3 to 6ft in a narrow garden - it can cut off a lot of sunlight 🤔
Put it up where it is at present, don't move it. As for who is responsible for the fence, if I build and pay for it, it's mine, I'm happy to own and maintain both sides.
The good side of both my fences faces the neighbours.
There is nothing in the registry documents saying who is responsible for the fences so I take it upon myself to do the works.
The gardens face West so the light issue isn't too bad.
It is not unusual to find fencing either side of a boundary (especially with old terrace housing) where drains/shared drains run or are very close to it!
It is not unusual to find fencing either side of a boundary (especially with old terrace housing) where drains/shared drains run or are very close to it!
Yeah, there is a lateral drain running adjacent to the back of the properties (it's about 1 m from the rear kitchens/extensions along the row). In fact, the current fence in question crosses over a manhole. The first timber post (which is nearest to the manhole) is embedded in the concrete hardstand/patio. My plan was to cut this and use a fence post shoe to fix the new post. It is possible as you imply that the drain dictated the position of this first fence post originally and so the rest of them followed suit. I don't want to go digging or breaking concrete close to the manhole so hence the use of a shoe anchored to the concrete.
Lift the cover then you will know for sure which directions those drains travel.
Waste pipes not as easy!
Most drains follow the cheapest shortest path (usually shared when terrace and close to the building) around buildings, down ginells past end terrace gable ends out to the road unless they have been altered for extensions or the housing is arranged in an unusual fashion/location/site!
You can't rely on the Land Registry plans for an accurate determination of a boundary position. Install the new fence where the existing fence is presently situated and move on.
'T's on the LR plan generally indicate ownership of a boundary structure provided there is reference to the 'T' in the title deeds. Which ever side the bar of the 'T' is on denotes ownership.
