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Boundary Fence

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  • Gloomendoom
    Gloomendoom Posts: 16,551 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Natividad wrote: »
    Thanks Sailor, I found that website earlier. Can't seem to find anything on the obligation to erect the fence but only who may have the responsibility to maintain the fence.

    The posts on here so far confirm what I believe so I think I'll just wait for confirmation from my solicitor.

    I had a problem with errant sheep once and I discovered that you only have an obligation to provide a fence if you intend to keep livestock in your garden. Otherwise an open boundary will suffice, if you so wish.

    As others have said, if he wants a fence, let him sort it out.
  • hethmar
    hethmar Posts: 10,678 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Car Insurance Carver!
    edited 19 May 2011 at 11:57AM
    Your solicitor should be able to look at the original deeds still in his possession - that should give info about which boundary you are expected to upkeep. In a new build it should be cut and dried - its old houses with big gardens that have a problem, where boundaries move over the decades. Even then a "stock proof fence" can be regarded as something as low as 3 ft or something :(

    In a new build Id also say the left hand side as you look down your garden.

    You can always go to the Garden Law website for info.

    Have a look here also:

    http://www.boundary-problems.co.uk/boundary-problems/fences.html
  • Natividad
    Natividad Posts: 19 Forumite
    Part of the Furniture Combo Breaker
    hethmar wrote: »

    In a new build Id also say the left hand side as you look down your garden.

    If that is the case then the neighbour will have to build it by his logic lol My girlfriends mums is left aswell but she just maintains it.

    It's all stupid! If everything was 50/50 then it would be so much easier. I treat my side, he treats his. end of.
  • Mankysteve
    Mankysteve Posts: 4,257 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Natividad wrote: »
    Apparently, he has too much stuff in the house for the kids so wants to put it in his garden. If thats the case, surely he must have known this before and should have bought a bigger house.

    He probably tried it one with the old neighbour but they'd told him to get lost now he trying on with you.
  • Mrs_Arcanum
    Mrs_Arcanum Posts: 23,976 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Natividad wrote: »
    I wouldn't get a solicitor involved, but I have only just recently moved into the house and the solicitors are still finalising everything so hopefully it'll be a bit of free advice. I've emailed them and hope for a reply. They have been brilliant to be fair.



    I was thinking of a 15 foot chain link electric fence with barbed wire. That'd keep em out. Then a nice hedge so I don't have to look at them :D
    Definitely worth making sure of boundary responsibility ASAP, if for no other reason than having the information ready for when you want to sell in the future.
    Truth always poses doubts & questions. Only lies are 100% believable, because they don't need to justify reality. - Carlos Ruiz Zafon, The Labyrinth of the Spirits
  • hethmar
    hethmar Posts: 10,678 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Car Insurance Carver!
    Have you checked this out? Also read up on the pyschology of a boundary disputer on there :)

    http://www.boundary-problems.co.uk/b...ms/fences.html
  • Superbiatch
    Superbiatch Posts: 585 Forumite
    I was the second owner of a new build (its was 4 years old at that time) and the previous owner had built a fence on the left. There was nothing but a little separating fence between my neighbours on the right. It wasn't a problem for us as we were friends and she was struggling with cash. It was a kind of agreement on our close that you paid for the fence to your left and it wasn't a problem for anyone.

    I think your neighbour is trying it on - borrow a dog for a few days and let it keeping going into his garden and peeing - he will soon put one up if its bothering him so much :D
    LBM: 22.12.2010 :j Self-managed DMP start 29.1.2011
    DMP Mutual Support Thread No: 413
  • A surgeon? So he is used to bossing everyone around and being treated with kid gloves.

    It'll be character building for him to be ignored.
    I could dream to wide extremes, I could do or die: I could yawn and be withdrawn and watch the world go by.
    colinw wrote: »
    Yup you are officially Rock n Roll :D
  • Hintza
    Hintza Posts: 19,420 Forumite
    10,000 Posts Combo Breaker
    I had a problem with errant sheep once and I discovered that you only have an obligation to provide a fence if you intend to keep livestock in your garden. Otherwise an open boundary will suffice, if you so wish.


    Interestingly our neighbours deeds require them to fence their boundary with a livestock proof fence. Needles to say certain parts aren't and when they really annoy me there might be an accident with the cattle and his lawn one wet day. We border them on three sides.
  • withabix
    withabix Posts: 9,508 Forumite
    edited 19 May 2011 at 1:50PM
    Personally, I would tell your neighbour where to get off.

    The trouble with doctors and registrars is that they often think they are clever. Most of them have little or no common sense and live in a dream world.

    There is too much confusion and mis-information on this thread.

    The legal responsibilities are as follows:

    First, the PLANS that are being referred to are Title Plans and not the ones which might be in the developer's glossy literature. Your Solicitor will have provided you with a copy of these, or you can pay £4 on the Land Registry website and download a copy.

    https://www.landregistry.gov.uk/wps/portal/Property_Search

    T-marks: The T-mark identifies who is responsible for the maintenance of that boundary and is on that property's side of the fence.

    No T-marks: The responsibility is equally shared between both properties. However, if one neighbour does not want to contribute to the cost of the fence, they don't have to. If the other neighbour wants to erect a fence, that is entirely up to him, however that neighbour will then own the fence and can stop you from fixing anything to it or painting it etc.

    Nobody can force you to put up a fence on a boundary that is any better than the fence provided by the developer.

    If your neighbour want to put up a fence, thell him that you are quite happy for him to do so and that he can put it on his side of the boundary or on the line of the existing fence.
    British Ex-pat in British Columbia!
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