Snowflake Posted June 17, 2013 Share Posted June 17, 2013 As it says really, removing of whole or part, who is responsible if the fence is jointly owned, etc. TIA! Quote Link to comment Share on other sites More sharing options...
x-in-man Posted June 17, 2013 Share Posted June 17, 2013 I think you generally 'own' the fence to the left of your property when viewed from the front of your property. I once had a new build infill and the existing boundary fence on the left then became my responsibility at the time of purchase. It simply stated I had to paint it to match the previous owners colour until it needed replacing. I moved out long before that was needed. As for a jointly owned boundary fence, can such a thing exist? The fence is either on your property, or on the neighbours property, a jointly owned fence would presume a jointly owned boundary which would have shown up on the deeds and therefore have details in the deeds regards maintaining etc. If no jointly owned fence was there before and someone added one, they surely would have to make sure it was added to their boundary side only aand not to encroach onto the adjoining property. boundary issues are a nightmare to sort out, I'd trawl through your copies of the deeds to see if anything exists in writing 1st. Quote Link to comment Share on other sites More sharing options...
thebees Posted June 17, 2013 Share Posted June 17, 2013 Just talk to your neighbour, my parents had a bit of a problem with their wall/fence/boundary they went legal before talking.... it got nasty & wasn't worth the grief. Quote Link to comment Share on other sites More sharing options...
Snowflake Posted June 17, 2013 Author Share Posted June 17, 2013 (edited) OK, fence is jointly owned, we own posts, neighbour owns pailins. Nightmare! We replaced posts and added fence panels, as their dog was jumping over three foot fence into our garden. Our new fence does not extend full length, so technically the bpundary has not changed, but the pailins have been removed from the top 8-10' and we now need to take our fence down for building work (it will be replaced, but in about a weeks time). Garden will be unsecured, so dogs will be able to get out onto road Sure this is going to be an issue when we sell, as boundary has been encroached by neighbours building work. Do we have a right to reinstate the boundary? and if we do, by what means can we do it? Talking to neighbour is not an option unfortunately. Edited June 17, 2013 by Snowflake Quote Link to comment Share on other sites More sharing options...
Albert Tatlock Posted June 17, 2013 Share Posted June 17, 2013 By how much have they encroached? Best to agree boundaries with neighbours, working it out exactly can be expensive, and especially if you can't speak with the neighbours. On the other hand, maybe just sell - and if it becomes a problem to the buyers after the sale - then like all the best problems in the world, it's someone else's problem. Quote Link to comment Share on other sites More sharing options...
Snowflake Posted June 17, 2013 Author Share Posted June 17, 2013 By a very small fraction Albert, which is why we didn't bother about it. Worried about dogs getting out and wether it is worth getting a letter to the householder asking for the fence to be put back as it should be. Quote Link to comment Share on other sites More sharing options...
Albert Tatlock Posted June 17, 2013 Share Posted June 17, 2013 Sorry, not sure if I am understanding your post - it is not clear to me. Basically you are replacing a part of the fence, with no contribution from them (or getting no contribution from them)? So - in the interest of being 'neighbourly' - why can't you just drop a note through the letter box informing them that work will be being carried out. Quote Link to comment Share on other sites More sharing options...
x-in-man Posted June 17, 2013 Share Posted June 17, 2013 If the build has encroached your boundary its been built wrong. Quote Link to comment Share on other sites More sharing options...
Snowflake Posted June 17, 2013 Author Share Posted June 17, 2013 Sorry Albert! Original fence, 3' high has posts on our side and the pailins on theirs. We replaced our posts with 8' ones and put up a fence, which is just under six' high on our side, so two fences in place, attached to the one post. The original has been partially removed, leaving just the new fence on our side. Our fence (new one) is not the original boundary fence in the deeds. x-in-man, houses built at an angle so straight conservatory 'pokes' onto our garden by a very small amount. The new fence bends in to accomodate this and original fence would have gone straight through their new wall. Shame MF doesn't have a draw facility! Quote Link to comment Share on other sites More sharing options...
Domino Posted June 17, 2013 Share Posted June 17, 2013 Send them the same message you just have to Declan; that'll get the ball rolling 1 Quote Link to comment Share on other sites More sharing options...
x-in-man Posted June 17, 2013 Share Posted June 17, 2013 So, they built a conservatory knowing it would not fit in their property and simply 'bent' the boundary fence to get it to fit. Go back to the planning office, see if the plans show it all on their property, if so .. get a grinder and take the corner off after letting us all know who drew the plans up so we know not to use them in the future. I'd have slotted new, higher panels in between the exisitng posts, so your outer face edge touches the inner face edge of their pailins. The posts are yours, the pailins theirs so nothing gained or lost. You can simply extend the posts by drilling and inserting a tube to take the extended post. Brace the lot and add rails to keep it nice and tight. Sounds to me like they have used your new fence as an excuse to bend the boundary even more to shoe-horn a conservatory in. Quote Link to comment Share on other sites More sharing options...
Snowflake Posted June 17, 2013 Author Share Posted June 17, 2013 Send them the same message you just have to Declan; that'll get the ball rolling Only message I wish to send neighbour would be via a medium... x-in-man, conservatory built before planning permission needed and planning came out twice, first time they said it was ok as long as deeds changed and when they came out second time, it was a 'well, we told you so'. Deeds were not changed and no plans ever done for the conservatory. We are putting decking down, up to boundary, and then our fence back on top, to hide the conservatory. The fence will have to sit in a bit, so as to allow for conservatory. We did screw new fence to old fence, but fixings were angle grinded through, as fence was touching the conservatory. Quote Link to comment Share on other sites More sharing options...
Snowflake Posted June 17, 2013 Author Share Posted June 17, 2013 Deeds were very ambiguous. Ours were very detailed, theirs were very sparse. Suppose you gets what you pays for. Quote Link to comment Share on other sites More sharing options...
GD4ELI Posted June 17, 2013 Share Posted June 17, 2013 Deeds were very ambiguous. Ours were very detailed, theirs were very sparse. Suppose you gets what you pays for. I would check them at the land registry just to be sure. You didn't say where you live. I've tied up various deeds with my usual advocate and the land registry, can be quite easy at times, in fact that's something I'm doing while over on the rock this week. The worst records I've come across are in fact the government's own land from ~60 years ago where they were hand written and subsequently never updated. There are, however, clear rules for situations such as yours, if in doubt and you have some spare cash an hour or two with an advocate can reap rewards. Quote Link to comment Share on other sites More sharing options...
x-in-man Posted June 17, 2013 Share Posted June 17, 2013 Put the decking and fence in but pinch a bit back as compensation. I would have a run a block cutter through the bit that stole my land the moment it went down. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.