[Closed] Neighbour woes who owns the fence ?

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

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..

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?

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.

'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.

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?

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

Or, he could just read the deeds.

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)

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

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.

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...

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

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."

*How should this be brewed? Aeropress?

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

(* err, no, not that foaming wand)

[URL= http://i1354.photobucket.com/albums/q685/unfitggeezer/e04b8478-3066-4c35-86ee-7da22f8f174e_zps024e5fee.pn g" target="_blank">http://i1354.photobucket.com/albums/q685/unfitggeezer/e04b8478-3066-4c35-86ee-7da22f8f174e_zps024e5fee.pn g"/> [/IMG][/URL]

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 !

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 ?)

pdf on my computer

You seem to be being attacked by these guys.

[img] [/img]

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

😀 drac

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

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.

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 !

...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.

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.

...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 🙄

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.

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.

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.

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:

[img] https://encrypted-tbn3.gstatic.com/images?q=tbn:ANd9GcRO7Rf2Jpt5vD1t-VqP6nIVQxe4mylhBSIVpCb3cpZhkJ_3whR3 [/img]

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 .

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

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.

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

[img] [/img]

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

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

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.

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.

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[b] simple email something like this[/b]

[i]
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[/i]

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

Ps I have some bombers and you own shoes

I phoned my cousin who's a property lawyer and he said

... what I said, then. (-:

The elephant in the room is whether you value neighbourly harmony over the price of a fence. Personally I don't like bullies and have a genetic disposition to fighting bastard with bastard, but I don't have to live there.

value neighbourly harmony

maybe he should contact the previous owner and tell him to fix his fence ! (like that by the way nice one Cougar)

see here !

[url= http://singletrackmag.com/forum/topic/any-tree-surgeons-on-here-quote-question-cutting-trees ]arsehole neighbour bully tactic [/url]

You still haven't convinced me that you have no responsibility for maintaining this boundary

Have you asked the neighbours or just blagged it with the email?
What proof do they have regarding boundary issues and is this transferable to your own circumstance?

I fear by mentioning that you've taken legal advice you have escalated to an inevitably painful, acrimonious and expensive nightmare

Thread bookmarked

he has done this to us over a tree a few years ago

So he believes he'll get away with it.

I'd leave it, and then see if I could borrow a friend's dog to play in the back garden for a couple of weeks.

my neighbour who is usually okay and we get on

he has done this to us over a tree a few years ago

Hmmm...

Make him wait months for the shittest, cheapest fence ever. If he complains, try a sing-song version of 'It's next on my to-do list'.

Have you asked the neighbours or just blagged it with the email?

I have this afternoon

You still haven't convinced me that you have no responsibility for maintaining this boundary

he hasnt proved it to me either

What proof do they have regarding boundary issues and is this transferable to your own circumstance?

none ! thats the way its just been

I live in a terrace house so I have ONE fence !

not sending email till tomorrow afternoon

Sod that tell him it his responsibility and to sort it and you wont pay another penny that is legally his in order to maintain friendly relations

IME - points at neighbour through wall- folk like this will just keep taking the piss for ever and ever

when its his you pay and when its your you pay

Liek cougar i could live with a miserable unhappy neighbour rather than pay them for ever to stop their inner **** being on display.

You have a cousin who's a property lawyer but you asked on here first?

You have a cousin who's a property lawyer but you asked on here first?

we're not great friends !

Ah, I'd take the advice off here then - he may lead you up the garden path, and that's a whole other dispute!

Tell him that your roof needs repair and the previous owner said the neighbour had arranged to fix it last time, see what he says?

Looking into the house from the street ,the boundary on the left is usually yours.
At least that's how it's been on 3 properties I've had.
Oh , plus me mothers& nana's ......

Cougar - Moderator

Tell him that your roof needs repair and the previous owner said the neighbour had arranged to fix it last time, see what he says?

actually he said hed fix your roof as well even though he doesn't know you !

Unless you have a dog just put some wire up.

My neighbours on each side have both replaced the buggered fence with posh post and rail ones. I spoke to the neighbours on one side to tell him I was going to replace the fence at some point, he said "don't bother, I am replacing it tomorrow". Turns out he is a complex cock though, he has covered his whole garden 100x10" with neting to stop my cats pooing in his garden! He gets extremely cross when I have to cut a hole in it to rescue them, after they have found the only way in.

Wow I cannot believe he objects to your cats shit in his garden

that is so insensitive of him

Having just bought a house our deeds stated which fences we own. Worth digging yours out and double checking before sending the email, neighbour disputes are messy. Our previous neighbour was a nightmare and although never got as far as legal issues we did have to declare it when selling the house.

Worth digging yours out and double checking before sending the email, neighbour disputes are messy.

nothing on deeds about fences unfortunatly

Wow I cannot believe he objects to your cats shit in his garden

that is so insensitive of him

I know, it's not as if they are singling him out.

Looking into the house from the street ,the boundary on the left is usually yours.

not true

My last three houses my fences have all been right and back fence in back garden, that is when standing with back to house looking down garden, may be typical arrangement?

Pity nothing in the deeds, good luck, hope you get it sorted amicably.

from land registry website...

[i]Does the title plan show my boundary?
The word boundary has no special meaning in law. In land ownership, it is understood in two ways:
? the legal boundary - is the line which is not visible on the ground which divides one person's land from another's. It is an exact line having no thickness. It is rarely identified with any precision either on the ground or in the deeds.
? the physical boundary – is a physical feature such as a fence, wall or a hedge.
The legal boundary may be intended to follow the physical boundary, but this is not always the case. For example, the legal boundary may run down the centre of a hedge, along either of its sides, or anywhere within or beyond it.[/i]

Do you need / want a fence ?
Him " when are you going to fix your fence ? "
You " it's OK I'm not that bothered about it . I don't really like to feel confined by a artificial boundary What is a fence really its just an unnecessary barrier between us . I'm looking forward to enjoying the summer together with nothing getting in our way"
He will be building that fence before you know it.

Knock the lot down, when he complains ....."it's my f***ing fence , pal"

(went 50/50 when ours blew down)

What's all this check your deeds advice here. Am I the only one who doesn't have the effing clue where my deeds are? Should I be worried?

I have an arrangement over our fence with my neighbours, who are a bit weird. Panels fit in my van, so I sort it. He paid for it originally, he paints it most years, I do it when I feel guilty and whack some new wood on to replace the broken bits. Easy, and everyone is happy.

Resolved !

I went round and told him to shove the fence up his bottom !

Ok thats not what happened I went round this eve and we had a chat, we have agreed that both of will fix the panels together when the weather gets better as for overall ownership for the time being he knows its not mine and he admitted that...he obviously got some advice today as well.

feel better...yes and ..no but can't be dealing with neighbour wars, I have way to much more important things going on.

Thanks for all replies

Excellent. A job awaits you in the Middle East.

What's all this check your deeds advice here.

The deeds that the OP mentioned in his, er, OP, you mean? Those deeds?

Resolved !

Good work. I think your rectal hedging was a better idea though.

Glad you've sorted it.

When we replaced our fence (left hand side looking from the back of the house down the garden) we ended up paying for over half of our neighbours fence (our right hand side) as we wanted more privacy and their fence was a clapped out propped up mess. It was a price worth paying, even though they pissed me off with their lack of appreciation of our hard graft.

Like you say though, not worth falling out over a fence but it does test the boundaries.......boom tish. 🙂