Problems with Neighbours Fence

stinkerbell

Hi All,

I need some advice on a boundary issue with my neighbour. The house next door to mine has been converted into 2 flats and I have a problem with the owner of the top floor flat. He rents the flat and lives nearby. I have tried to maintain good neighbourly relations with him, for example, recently he needed access to my property to do some maintenance on his flat, which I promptly granted and allowed the work men to access my garden to get on with the work.

My property is the first property on the road next to a church and according to legally binding documentation from the previous owners of my house, the neighbours are responsible for the boundary to left facing the house. The part of the garden which is the responsibility of the downstairs flat has an intact fence, however the part which is the responsibility of the upstairs flat has no fence or posts. Also, the said garden is very overgrown and is a breeding ground for foxes. Recently, my 20 month old and 4 year old were playing in the garden with me watching them from the kitchen, and a fox got very close to the toddler:eek:. It was only when I ran out shouting that the fox ran back into the neighbours garden. Anyway, I called the owner of the top floor flat and asked if he was planning to put a fence up anytime soon. I even offered to go halves on one. We have since had quotes for a fence to cover his bit of the garden. However, he has now backtracked and is asking that I prove that the fence is his responsibility:mad:. It is pretty clear to me that it is his responsibility for the following reasons:

• The legal document from the previous owners of the house where they state that the responsibility lies with the neighbour
• I have spoken to the house next to his flat and they have confirmed that they are responsible for the fence on the other side of my neighbours house, which suggests that our neighbours are responsible for the fence between my house and theirs
• The fence for the downstairs flat is in good condition, if the previous owners of my house had put up a fence, they would have done the length of the garden and not just the bit for the downstairs flat.

I have also requested a land registry document to find out where the "T" lies, but suspect that even if this is the case, he will play silly games and I will not be able to let the kids enjoy the garden due to fear of the foxes getting close again.

I am sorry for the long post, but wanted to put down all my thoughts to see if anyone can help me with this predicament. I have even considered doing the fence myself, but feel that it is a matter of principle now, expecially as I have offered to pay half .

Thank you all for reading and look forward to receiving your thoughts.

Hintza

Define a fence? He might put one up that is 18" tall. Get your paperwork in order and show him and hopefully he will put up a decent fence but what are you going to do if he doesn't?

Think I would be getting ready to pop one up and then play hard ball if he never needs access again.

Dave101t

doesnt responsibility simply mean if one is put up, he has to pay for it. he could constrew if there is no fence, he is maintaining his responsibility.
nb. buy a small paintball gun (toy). shoot the fox. i did this with next doors cat, it wont hurt them but its a helluva shock to them!

ailuro2

If he's not needing a fence you can see why he's not that bothered and doesn't want to shell out for one... and if you mentioned the foxes to him you'll have let him know you'll end up putting one up yourself anyway...

I'd go with putting up your own choice of fence, but I'd have the better side facing you, then send him a bill for half, he might ignore it but then again might pay it to get him off of your back.

KateLiana27

I'd just put it up yourself, to your standards, better half to your side, and be done with it. The safety of your children is not worth compromising.

Maybe spray some unsightly graffiti on his side for decoration. (kidding. kind of)

ceridwen

Could you ask the Council re the fact that the garden is overgrown and therefore acting as a home for foxes - obviously stating your fears re your children.

I believe Councils have some sort of powers to get even homeowners to deal with hazardous gardens - and if that garden is harbouring foxes then that makes it hazardous.

It wouldnt get the fence done - but if it was no longer allowed to be overgrown then the foxes would have to "sling their hook".

When I came face to face with a fox recently in a bit of overgrown public land to my surprise - I got on to the Council about it. My intention was for them to "deal with" the foxes living there. I found out that Councils dont regard it as their responsibility to deal with foxes locally (so just whose responsibility IS it then????) - but shortly after that I saw that they had cut the land right down to grass level (which I presume means they decided - "If the foxes have nowhere to live there - then they will take themselves off" - which it would appear they have).

I would ask your local Councillor about the position on neighbours' neglected gardens in your position. I would think the upshot will be that the neighbour is put in a position where he has to either cut down the overgrown garden (or get charged for the Council doing so for him) or put up a fence. I doubt he would be able to continue doing nothing.

keystone

stinkerbell wrote: »

I need some advice on a boundary issue with my neighbour.

You do not have a boundary issue with your neighbour. You have a problem with your visit from Mr Fox wich you perceive to be a threat to your children which you are trying (albeit it perhaps subconciously) to translate into a boundary problem.

My property is the first property on the road next to a church and according to legally binding documentation from the previous owners of my house, the neighbours are responsible for the boundary to left facing the house.

Responsibility for maintenance of a boundary is not the same thing as responsibility for maintaining a fence unless the deeds say that he must fence the boundary. He doesn't have to put up a fence.

The part of the garden which is the responsibility of the downstairs flat has an intact fence, however the part which is the responsibility of the upstairs flat has no fence or posts.

See above.

Also, the said garden is very overgrown and is a breeding ground for foxes.

Unlikely - they don't live in brambles and weeds. Fox came from somewhere else. You garden and your neighbours are probably on his normal foraging route.

Recently, my 20 month old and 4 year old were playing in the garden with me watching them from the kitchen, and a fox got very close to the toddler:eek:

You left a 20 month old on his own in the garden? :eek:

It was only when I ran out shouting that the fox ran back into the neighbours garden.

Of course. Fox more scared of you and your kids that you were of him.

Anyway, I called the owner of the top floor flat and asked if he was planning to put a fence up anytime soon. I even offered to go halves on one. We have since had quotes for a fence to cover his bit of the garden. However, he has now backtracked and is asking that I prove that the fence is his responsibility:mad:. It is pretty clear to me that it is his responsibility for the following reasons:

• The legal document from the previous owners of the house where they state that the responsibility lies with the neighbour
• I have spoken to the house next to his flat and they have confirmed that they are responsible for the fence on the other side of my neighbours house, which suggests that our neighbours are responsible for the fence between my house and theirs
• The fence for the downstairs flat is in good condition, if the previous owners of my house had put up a fence, they would have done the length of the garden and not just the bit for the downstairs flat.

Responsibility for maintenance of a boundary is not the same thing as responsibility for maintaining a fence unless the deeds say that he must fence the boundary. A T on the LR documentation only means responsibilty for maintenance of the boundary. He doesn't have to put up a fence and in any event a fence will not prevent Mr Fox from entering your garden if he so desires.

Noone should place a fence exactly on the boundary. It should be wholly on the land of the person erecting it.

It is an old wives tail that the "good" side of the fence should face the neighbour of the person who erects the fence.

If you don't like his fence or lack of it you can always erect your own on your own property.

............he will play silly games and I will not be able to let the kids enjoy the garden due to fear of the foxes getting close again.

Why are you trying to transfer YOUR responsbility for YOUR children onto your neighbour and creating a boundary dispute at the same time?

, but feel that it is a matter of principle now, expecially as I have offered to pay half .

There is no principal at stake here. He doesn't have to have a fence unless the documentation specifically says so and even if he does it does not have to be to your specification. Put up your own fence rather than create a neighbour dispute.

Cheers

ERICS_MUM

I agree with Keystone's points - (I haven't quoted his post due to it's size).

It does sound a bit unsympathetic but it is really good advice - take control of the problem yourself to protect your kids. Some people (i.e. the landlord of this flat) have no regard for others and you would probably get "wound up" if you pursue it with him.

Good luck !

oramgepekoe

Even with a fence up you'll have to keep an eye on young childern as the fox may be able to jump it. I've seen a fox jump the five foot fence into our garden.

27col

What makes you think that a fence will keep a fox out of the garden. I've seen videos of foxes asleep on garage roofs and other high places. so there is no guarantee that a fence will keep a fox from being exactly where it wants to be.

stinkerbell

Thank you all for your informative and in some cases amusing replies! I have received the documents from land registry and they clearly show the T on his side! Speaking to the neighbours on the other side, they too have a concern regarding the state of the neighbours garden and have also expressed that the overgrown garden is a breeding ground for foxes! I will be joining forces with them and making a complaint to the council and if necessary my local mp. I will certainly be playing hardball in the future if he ever needs access etc..

With regards to the comment about me leaving my kids alone in the garden! I think that comment was wholly unnecessary! I appreciate the point you were trying to make with your other comments, and I posted this thread to get helpful replies! I did not post this thread to get some self righteous individual to question my parenting techniques! I, like many other parents, know I do a fabulous job, I think your comment says more about you then it does about me:mad: