garden fence

[shotter]

Hi Peeps,

Me and the neighbour have had a double storey extension done, which is now near completion.

I did not extend my kitchen into the garden but the neighbour did, as aresult three garden fences had to be taken down.

Now the neighbour has forwarded me documentation form a solicitor which confirms the right hand side garden fencing belongs to me and it is my responsability to have new garden fences put in.

Although it is beacuse of the neighbours extension that part of my fence had to be taken down I agreed to this.
But now my neighbour is saying the new fence and post will have to positioned on my side of the property.

Originally the first post was positioned half on my side and the other half on the neighbours, i did explain this to my neighbour but he is saying that the original fencing was positioned incorrectly.

Has any peeps come across or is there anyway finding out what is the correct ruling on disputes like mine?

 

[Exos]

Couple of things here.

1) I am assuming your neighbour is on your right (when looking out your back door)

2) If this is the case the solicitor is correct and it should be detailed on your deeds, but all this does is take the legal boundaries, it does not take circumstance into consideration (I.E If I drove through your fence, you shouldn't have to pay for it)

3) As a matter of courtesy, if it was my neighbour and it was my extension which resulted in the fence needing to be replaced I would have done so.

4) Was this explained to you beforehand, did you pay for the original fence?

5) Sounds like your neighbour doesn't want to pay anything more than he needs so is trying to offload all the cost onto you.

6) In terms of the post, your deeds will detail the precise boundary, however I'm also assuming here that the fence on the opposite side has the posts in your next neighbours over i.e. you have the fence side and the equal side fence in your neighbour's garden that has just had the extension has the posts on the inside.

 

[Him Her]

Boundary law is complex so there is not necessarily a 'right' and 'wrong' - it's just not that black & white. Your title deeds should show the exact location of a fence - they often don't. The rule that the right-hand fence is 'yours' is not legislation - it's merely custom (for simplicity).

That said, I'm surprised your neighbour has gone to the trouble of consulting a solicitor - maybe this is just a try-on unless you don't get on?

Personally, I would try to avoid a confrontation - have to live next door for maybe some time?

Try your own 'try-on' as follows.

Be vague with the neighbour "I understand your concern, boundary law is confusing. However, there is no legal requirement to have a fence so to avoid any future confusion I suggest we don't replace the fence at this juncture."

Once he thinks you don't give a toss he'll probably see sense and try and agree a 'compromise'

 

[Exos]

Some deeds to specifically state this HimHer. I recall reading this.

If the deeds say nothing, as unfortunately they all too often do, then in the case of fences with posts or struts on one side, the law presumes that the owner on that side owns and is responsible for repairing the fence.

In the case of a wall if the deeds say nothing as to its position, it is likely that the boundary will be immediately on the side of the wall furthest away from the garden of the owner who put it up. It is presumed that the builder of the wall will usually take care to build it with its outer face on the limits of his land taking care not to encroach onto his neighbours garden.

Boundary Dispute

When putting up a fence, custom dictates that the posts are entirely on your land and the face of the fence, points to your neighbours. It is worth is giving up an inch or two of your land to avoid it going onto next door and creating a dispute. This is especially so since you will need cooperation to be able to repair the fence from your neighbours land. Ensure it complies with Planning Regulations – ring them first.

If you are using Larch Lap fencing, where the panels sit between the posts, then make sure that the entire post is on your side of the boundary and that the top strip overlaps the lower strip on the fact which point towards your neighbours.

 

[Him Her]

Some deeds to specifically state this HimHer. I recall reading this.

Agreed - however, even where they DO state, the scale of the plan is often too low to accurately position the boundary which is really just a notional line in any case.

The point is, I think the neighbour is trying it on and boundary disputes taken to legal recourse can rapidly become expensive.

I still think the best option is to call the bluff and insist a fence is not required - there's no legal requirement to have one. That said, if you DO have one your points about positioning, planning consent etc. are all perfectly valid.

 

[shotter]

thanx peeps for the help

after reading the replies i got on the phone and rang the neighbour, told him to provide me with written evidence from his solicitor that according to rules and regulations the fence posts will have to be positioned on my side of the property, if he can not I will then have no choice but to position the new fence as they were originally positioned before which were half & half

he said that he will get back to me, will keep you updated

 

[seanicca]

Tell him to stick it. If the fence was removed due to his extension then out of decency he should pay, or at least half, if not tell him its going where YOU want it and that's it.

Sent from my GT-I9100 using Tapatalk

 

[shotter]

Tell him to stick it. If the fence was removed due to his extension then out of decency he should pay, or at least half, if not tell him its going where YOU want it and that's it.

Sent from my GT-I9100 using Tapatalk

i know m8, when he produced paperwork from the solicitor saying the fence belongs to me and it is me who has to pay for the new fence I was gob smacked, the neighbour left me speechless, its my own fault im too soft

my new home will be ready in another 6 - 8 weeks and the last thing i want is to have a fall out with the neighbour, especially if we will be crossing paths evreyday, so thats why I have decided to pay for the fence out of my own pocket, but yeah the guy is a right idiot

 

[allaboveboard]

Tell him you have a load of old pallets and a bag of nails ordered.

 

[shotter]

the neighbours son agreed to pay half the cost towards the new fencing, his old man would not agree to it so the son decided to step in as he knew his old man was was in the wrong, but he has told me not to mention this to his old man

so overall i am satisified with the outcome

this week im getting the front drive done, im sure the neighbour will have some bone to pick with me, i guess he has got nothing better to do

 

[Spectre]

I hope it's shocking pink mind.

 

[baron]

Is that to burn and crucify him at the same time..............................titter


OOps this is linked to post 9 .................sorry folks