Fences between houses

LouLouHelen

We have spoken to out neighbour about putting fence back up between our houses. He wants to continue to use our garage wall as the boundary but he has told us he is selling the house and we are concerned about the implications. He has told us clearly that it is his fence/boundary to maintain and we are all being fairly friendly about it. My question is - it might be his boundary to maintain but surely if he decides not to have a fence there at all causing his garden to increase by 2 foot (which is bascially our land) are we not legally entitled to fence our border?

He seems to think that because it is his to maintain he can choose not to have it there at all!


Any help or advice would be great as we don't want this to get out of hand buthe is refusing to mark the boundary between us

soolin

My parents had a similar problems a good few years ago. Neighbour refused to fence property for some reason but it meant his dog continually went into my parents garden.

They took advice and were told there is a very simple solution. Just because the deeds showed it was the neighbours boundary it did not mean that my parents couldn't fence it. All they did therefore was put up a cheap picket style fence, posts on 'our' side, just good enough to form a boundary and keep the dog out. Neighbours were very unhappy as they said it spoilt the look of their garden (ie the dog then pooped on their lawn). However it remained up to them to put their own fence up adjacent to my parents fence if they wished, but they never did.

Basically it doesn't matter whose responsibility it is, either neighbour can fence the place as long as all posts are on their part of the property.

Soo

marybishop

Trying to get a mental picture of this situation (the heat's getting to my brain!). So am I right in thinking that he's using your garage as a boundary which in effect takes his garden 2' into yours? Sounds like trespassing to me. I would have thought that this issue could come up when he comes to sell the property but the trouble with boundaries is they can be notoriously difficult to determine if there is nothing along the line to indicate where it should be. You could put up a fence just inside the boundary line on your side obviously if he's determined not to do so but obviously that will cost you which is annoying if it's actually his boundary. I would have thought this is something any prospective purchaser would want resolved before completion of a sale.

Are you sure it is his boundary or is he just hoping it is.

robnye

boundary lines and fences are notorious for causing upset/arguments between otherwise friendly/happy neighbours.

basically no -one can be forced by law to put a fence up.... unless it is required to stop animals.

any one can put a fence up as long as the other party is agreeable, if not then you can put a fence up as long s any poles/stakes are within your land, ie do not cross over the boundary line

LouLouHelen

Well as you look at my house it is the left hand side whcih many have told me is actually my boundary but I know it is not always as straight forward as that.He has said he thinks it will look funny and this is the only reason he has given for not wanting a fence there.


There are old breeze blocks with holes for fences posts whish is whre we believe the boundary to be so it is kind of marked out already. I am happy to put a fence up but the issue we have is that it is just under 2 foot away from our garage wall and we would have to be on his side of the boundary to put part of the fence up. We currently have access to his garden from our drive due to the fact that there is no fence anyway!!

Where would we stand if we had put the fence up during the day whilst he was out at work so he did not see we had put the odd foot on his side to erect it?

marybishop

I feel like a cracked record, people must be sick of me banging on about contacting the RICS for advice! Seriously though, like someone else has said, boundaries are notorious for causing problems between neighbours and once a dispute starts it can just escalate. So my advice would be to phone the RICS Call Centre 0870 333 1600 and ask for the name/number of a local Chartered Surveyor who deals with boundary issues who should be able to give you some advice.

[Deleted User]

My boundary is also on the right hand as you look at the house...

Anyway, I would let him know, out of courtesy, that you are putting up a fence on 'your' side and that you may need to step over the boundary while it is being erected.

annie-c

Yeah, if you are on frindly-ish terms at the moment, I would let him know out of courtesy too. If he is selling then the 2feet should make no difference to him. I would have thought most buyers would be happier with a new fence (maintained by someone else) than no fence at all and a slightly wider garden.

I put up a 6ft fence on moving into my house - on my side, but had quick polite word with neighbours so no offence was caused. Best money I spent on the whole house. As they would say on the Mastercard ad: Wooden fence £300, Freedom from next door's dogs and cats: Priceless!!

LouLouHelen

marybishop wrote:

I feel like a cracked record, people must be sick of me banging on about contacting the RICS for advice! Seriously though, like someone else has said, boundaries are notorious for causing problems between neighbours and once a dispute starts it can just escalate. So my advice would be to phone the RICS Call Centre 0870 333 1600 and ask for the name/number of a local Chartered Surveyor who deals with boundary issues who should be able to give you some advice.

I have just phoned RICS and they have told me to call a local surveyor who offers their 'half an hour free consultation' - thanks for the great advice REALLY helpful!:T

marybishop

You're very welcome! We have clients at present who are in the middle of a long running boundary dispute which has turned really nasty and ended up in Court costing thousands of pounds. Just don't want it happening to you! Good luck!