To fence or not to fence? That is the question

keystone

No offence taken. Yes I do remember but the fact remains that if any structure is erected it should be on the side of the boundary of the person who erects it. There cannot be any dispute in those circumstances and the situation of which you speak would have been avoided. However, there is no doubt that wall footings (or indeed fence post holes if they are concreted in) may well encroach into the other persons property for which suitable agreement needs to be made at the time.

Anyway this thread is about fences.

Cheers

cyclonebri1

keystone wrote: »

No offence taken. Yes I do remember but the fact remains that if any structure is erected it should be on the side of the boundary of the person who erects it. There cannot be any dispute in those circumstances and the situation of which you speak would have been avoided. However, there is no doubt that wall footings (or indeed fence post holes if they are concreted in) may well encroach into the other persons property for which suitable agreement needs to be made at the time.

Anyway this thread is about fences.

Cheers

There never was a "situation" in my case, at the time I was simply gathering facts to ensure a situation didn't arise.

Yes, fully agree, it's about neighbourliness and being reasonable, whether it a fence or a wall, it's the same issue. ie. Neither side should be wanting the thing to fall over and all the work and expense and inconvenience for all involved to have to be repeated.;)

leftieM

keystone wrote: »

Any fence should be erected not on the boundary itself but on your land so you will "lose land" as you put it irrespective of which way round the fence is erected and it makes no difference for a panel femce anyway. There is nothing in law that requires you to erect the fence with the "good" side facing your neighbour.

Sorry but thats not true either for the same reason. The owner is the person whose land it is on and who paid for it.

Cheers

If you put the good side of the fence facing you then you must lose the use of the half foot or so behind that for the posts.

My issue is that the fence posts are on my land and the neighbour paid for it. So how does that resolve itself in your version of things? Who owns it? (Note that there is a wall along part of the garden and one at the end so establishing the boundary line is easy enough).

cyclonebri1

leftieM wrote: »

My issue is that the fence posts are on my land and the neighbour paid for it. So how does that resolve itself in your version of things? Who owns it? (Note that there is a wall along part of the garden and one at the end so establishing the boundary line is easy enough).

It seems what you need to do is prove that the fence is on your land and establish when it was erected.

If it was within the last 10 years and you can substantiate he land grabbed then surely, and I use that word with caution, it must be yours and you can do what you want with it.

The other issue which complicates all these boundary issues is that regardless of which side the posts are, and even if its a concrete post fence, the foundation concrete will be over the boundary if the fence is up to it.
This is where the agreement aspect comes into the equation, and if you move his fence back onto his boundary, then sure as eggs is eggs you will have fight over foundations that would again cost you money to resolve.

I think you would be best advised to simply accept where it is and fully document it for future protection.:money:

Another question is who maintains the fence?

And if pp does not go through, I can imagine he may off load the property pretty quickly.;)

Norman_Castle

If a fence post requires a footing, for example of concrete, to secure it into the ground then it is normal to allow the footing to lie partly beneath the adjoining land. In keeping with the Party Wall etc. Act 1996, this does not give the neighbouring landowner the grounds for a claim of encroachment.

From here http://www.boundary-problems.co.uk/boundary-problems/fences.html#Who%20is%20responsible%20for%20erecting%20the%20fence?

cyclonebri1

Norman_Castle wrote: »

If a fence post requires a footing, for example of concrete, to secure it into the ground then it is normal to allow the footing to lie partly beneath the adjoining land. In keeping with the Party Wall etc. Act 1996, this does not give the neighbouring landowner the grounds for a claim of encroachment.

From here http://www.boundary-problems.co.uk/boundary-problems/fences.html#Who%20is%20responsible%20for%20erecting%20the%20fence?

Yes, that's what I was getting at, but it needs formalising and the neighbour can make it awkward, ;)