Jump to content

Advice On Boundary Fences Needed Please!


Snowflake
 Share

Recommended Posts

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.

Link to comment
Share on other sites

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 by Snowflake
Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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!

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

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.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
 Share

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...