Fence issues

simba46

Hello,
i was hoping someone could help. We are having fence issues with a neighbour. We share our back fence. We have only been living in the house just under a year and during this time we have noticed that the back fence was leaning into our garden. This problem seems to be getting worse and now it is very noticable. According to our deeds we own the back boundary. However, when we moved in we were told the previous back neighbours had put up that fence (about an inch into their garden). The problem is the current owner has built up a bank of soil against the fence and hence why it is leaning alarmingly into our garden. We have spoken to him about fixing it last year (something he was happy to agree to) until recently. Now he has decided it is our responsibility and something we should sort, though his actions have caused it to fall inwards. Where do we stand on this as we have now almost finished renovating the house and are about to start on the garden. Has anyone had something similar?
Thank you.

Welsh_Totster

Build a lovely new wall the height of the fence on your side and leave him to it!

keystone

Nobody "owns" the boundary and you are only responsible for fencing it if your deeds say so. In that case your fence should be your side of the boundary not on it. If the neighbours predecessors erected the fence then its their fence and their responsibility which it sounds as though they are just trying to avoid.

Cheers

Foggster

We have had similar but the neighbour just moved the pile of soil which was pushing against our fence. I am sure had they refused we could have charged them for the damage to the fence had it continued.

I think it might be a case of knocking on the door and speaking with him again but being prepared to meet him half way on the cost of rectifying the situation. I know its not an ideal solution but neighbour wars is far more unpleasant and can really ruin the enjoyment of your garden.

keystone

Foggster wrote: »

We have had similar but the neighbour just moved the pile of soil which was pushing against our fence. I am sure had they refused we could have charged them for the damage to the fence had it continued.

You are correct but in this case it isn't the OPs fence. It belongs to the neighbour.

I think it might be a case of knocking on the door and speaking with him again

Spot on.

but being prepared to meet him half way on the cost of rectifying the situation.

don't see why - its not their fence.

......but neighbour wars is far more unpleasant and can really ruin the enjoyment of your garden.

Quite. I have a NFH myself!

Cheers

Norman_Castle

Now he has decided it is our responsibility and something we should sort,

If its overhanging your boundry just push it back into his garden.

Jinx

Norman_Castle wrote: »

If its overhanging your boundry just push it back into his garden.

I dont think it will be that simple if theres a bank of soil behind the fence....

simba46

Jinx wrote: »

I dont think it will be that simple if theres a bank of soil behind the fence....

you're right there isn't a hope of being able to push the fence back due to the soli. You're all saying what i thought, just need the neighbour to think it to!!!!!

Tippytoes

If the fence is leaning into your garden, it is an "encroachment". (we once had neighbours whose conservatory was built right on the boundary line, so when they opened the windows, they encroached onto our land - as they refused to keep them shut, they were eventually ordered to seal them so they couldn't be opened).

If this is really bothering you, seek legal advice. You probably have free legal cover in with your house insurance.

simba46

Thank you for all your replies. Next door removed the bank of soil over the Easter wkend and pulled the fence back. We went round with a nice bottle to say thanks so all is now quiet in the neighbourhood!

27col

You are posting 4:07am! What are you, a night owl?
Anyway, it's always nicer if a dispute can be sorted peacefully.