Whose fence is it anyway?

PMQ_2

I need to replace an old wooden fence which was pretty much felled by high winds and, at the same time, I would like to replace a section of white pvc fencing - about the length of a fence panel - which is on my property but the cost of which was shared between the previous owners and my neighbour. One end of the pvc fence is screwed into my house wall where it was originally meant to act as a privacy fence, but it is made up of horizontal slats which, in practice, don't give full privacy to the patios. It also looks odd, having one section different from the rest of the fence. My neighbour isn't keen on me removing it as he paid £250 - half of its cost - sometime before I moved in 10+ years ago.

I wonder if anyone knows whether the fact that the cost of it was shared means that my neighbour could prevent me from replacing it? It is in good condition and could be removed in one piece and given to him, if that would be necessary!

krlyr

If it's on your land then I would presume removing it and giving it back to him would be more than adequate - but hopefully someone with the legal knowledge will confirm that. Technically, you have bought half of it when you bought the house so giving him the entire fence is more than I'd imagine you're responsible for doing - he's probably only entitled to half of the cost you'd get for selling it secondhand (and at over 10 years old I imagine that's a fraction of the £250 he paid then)
For the sake of keeping neighbourly peace, could you consult him on your potential choices for replacement? I wouldn't let him get the final say, but he will have to look at it from his garden so letting him have an opinion could help keep the relationship friendly.

WhiteHorse

A clue (not always reliable, mind), is the side on which the posts sit. Normally they are on the inside (thus, the exterior of the fence is uniform).

ceebeeby

I hope not because when our neighbours replaced the fences they ALL put them with the posts on our side!!

dzug1

WhiteHorse wrote: »

A clue (not always reliable, mind), is the side on which the posts sit. Normally they are on the inside (thus, the exterior of the fence is uniform).

Well all the fences I've ever had have had the posts between the panels, not to one side or the other

badaz52

As a rule of thumb, from the rear of the property looking out into the garden, you are responsible for the fence to your right. It can vary and should show on your deeds. If it doesn't show anything then your's is the one at the back and the right.

Most neighbours don't have a clue so all share the cost if it needs replacing but it depends on your neighbours.

Mojisola

badaz52 wrote: »

As a rule of thumb, from the rear of the property looking out into the garden, you are responsible for the fence to your right.

This is a myth! Long-standing and often repeated but totally false.

It can vary and should show on your deeds.

This is factual. If the deeds don't make it clear, ask the neighbours about what's happened in the past. Without clear evidence from the deeds, it often comes down to the person who most wants the new fence having to pay for one.

badaz52

I'm only basing it on that we have just purchased on a new development and all properties are responsible for the fence to the right and to the back. We asked the site manager about this and he said it was pretty standard procedure so I'm just going off that. As our development was built on a field all the adjacent older properties already had fences, our builder just put our fences up next to them with a very small gap inbetween so it's no ones fence but ours.

But your right, all will be revealed on your deeds.

PMQ_2

Thank you for your responses. These properties are freehold but have a leasehold element because there is some communal land, garages in a block, etc. There are loads of covenants and restrictions but I can't find anything about fences. A member of the residents' committee :eek: is going to have a look at the fence at the week-end though, if fences aren't mentioned in the covenants, she won't know what the legal position is, either.

The fence that I want to have will look much better from both sides and is similar to others that have been erected along our terrace. It is my neighbour's financial input that is my concern; other than that I am sure that the fence is on my land and is my responsibility.

This was my first experience on the forum and I'm really impressed by the response, so thanks again!