Problems with Neighbours Fence

keystone

Jaynne wrote: »

I hope you're not meaning the big ones that go oink!

:rotfl::rotfl:You never know if its that overgrown!

Cheers

lindos90

phill99 wrote: »

Many people have given you some very sound advice, but seem not to be taking heed. You say that you have a Land Registry diocument that puts the 'T' on his side. This indicates that that land owner is responsible for maintenance of the boundary. That DOES NOT mean he has to erect a fence or maintain a fence

This is interesting Phill, as I have an issue with the neighbour to my left hand side, the 'T' is on her side, and I assumed that ment she was responsible to maintain the fence, even our solicitor told us this! (The fence is leaning very precariously and was even mentioned in the survey we had as a safety issue, our solicitor told us the 'T' ment she would be responsible for repairs.)

So a 'T' means responsibility for 'maintaining a boundary' but that does not include providing OR maintaining a fence? Im Puzzled, what does it mean then?

phill99

lindos90 wrote: »

This is interesting Phill, as I have an issue with the neighbour to my left hand side, the 'T' is on her side, and I assumed that ment she was responsible to maintain the fence, even our solicitor told us this! (The fence is leaning very precariously and was even mentioned in the survey we had as a safety issue, our solicitor told us the 'T' ment she would be responsible for repairs.)

So a 'T' means responsibility for 'maintaining a boundary' but that does not include providing OR maintaining a fence? Im Puzzled, what does it mean then?

A boundary is a line on a plan that indicates an artificial line on the ground that identifies where one persons demise ends and another starts.

A fence is a structure on or near a boundary that may or may not indicate where the boundary is.

The fence may be erected by both parties to identify the boundary or may be erected by one party. If it is erected by one party, it is normally located on one side of the boundary. The other party cannot force the fence owner to maintain it, or to build to a certain height or from certain materials.

Karins

our deeds say we are responsible for maintaining a suitable and sufficient boundary fence hedge or wall does anyone know what that means in practical terms ?

phill99

Karins wrote: »

our deeds say we are responsible for maintaining a suitable and sufficient boundary fence hedge or wall does anyone know what that means in practical terms ?

This is where it gets tricky. There is no definition of 'suitable' in this instance. As the emphasis is on boundary, it would be a fence, hedge or wall that merely delianates the boundary between two properties. A row of privet hedge or hawthorn bushes could suffice. A 3' high chain link, close board, ranch style or feather edged fence would do as would a 3' high wall. The choise is really yours.

lindos90

phill99 wrote: »

A boundary is a line on a plan that indicates an artificial line on the ground that identifies where one persons demise ends and another starts.

A fence is a structure on or near a boundary that may or may not indicate where the boundary is.

The fence may be erected by both parties to identify the boundary or may be erected by one party. If it is erected by one party, it is normally located on one side of the boundary. The other party cannot force the fence owner to maintain it, or to build to a certain height or from certain materials.

I wish you had been my solicitor when I bought the house then, as you know more about boundary law than my solicitor did (he was poor on a number of areas!) So we now have an unsafe 6 foot high fence, on the neighbours side, and they dont have responsibility for it? It was not put up by me or the neighbour, it was put up by the housing developer when the houses were built about 11 years ago.

Unfortunatley we dont have the option of putting up our own fence as their garden is higher than ours by about 5 feet, (thier 6 foot fence is ontop of a 5 foot wall which retains their garden) so we would need an 11 foot tall fence our side!! (with the possibility of her fence falling onto it and breaking it anyway!)

Thank you for your explanations, but im still puzzled, what does 'maintaining the boundary' actually mean if it doesnt involve a fence, hedge or something similar? What else could there be to 'maintain' on the boundary line? How can you 'maintain' an artificial line?

Jaynne

lindos90 wrote: »

What else could there be to 'maintain' on the boundary line? How can you 'maintain' an artificial line?

Paint one on like they have round the equator

lindos90

Jaynne wrote: »

Paint one on like they have round the equator

LOL,:rotfl:maybe I could get some flurescent paint like delboy did on his mums grave! It would certainly 'highlight' where I think the boundary is;) (get it? Highlight?), but the paint is unlikely to prevent the fence from falling onto our patio! (Which is the main problem)

Thankfully the wind was kind to me today and the fence has been leaning toward her garden today!

keystone

lindos90 wrote: »

So we now have an unsafe 6 foot high fence, on the neighbours side, and they dont have responsibility for it?

If its on their side of the boundary yes they do. You local council will have a section that deals with dangerous structures - go talk to them about it if the neighbour won't address it.

It was not put up by me or the neighbour, it was put up by the housing developer when the houses were built about 11 years ago.

Doesn't matter as if its on the neighbours side of the boundary then it belongs to them and they are responsible for maintaining it.

Cheers