Boundary Fence Issue!

traceye

Am hoping someone may be able to offer some advice legally about this issue please!.

I have a 5ft Boundary fence between myself and my neighbour.
The deeds to our house say that we each have to "Maintain and renew" our left hand boundary fence. So, this fence between us is sort of classed as hers. So to me this means, when it needs replacing she has to pay for it (which previous neighbours have done in the past).

I asked her if I could replace it with a 6ft fence panels, at no cost to her. I said though I would want the "good" side of the panels facing me as its going to cost me several hundred pounds to replace, or I would let her have the "good" side if she paid half.

She will not agree to either, and has now said she will compromise if I pay it all and she has the good side, which I also dont think is fair.

I have decided now that on my own land I will erect a taller fence (in line with planning guidance). SHe is now saying she will put trellis on top of her 5ft fence as its "her fence".

So two questions:

1) Can I put my own fence up my side (subject to height restrictions) and do i need to put this in writing

2) Once my fence is up, can she add to the boundary fence or remove the boundary fence without my permission ? Im assuming as she only has rights to "maintain and renew" not remove/make taller/shorter etc without my permission ?

Hope someone can help, as this is really stressful!!

THanks

BitterAndTwisted

traceye wrote: »

Am hoping someone may be able to offer some advice legally about this issue please!.

I have a 5ft Boundary fence between myself and my neighbour.
The deeds to our house say that we each have to "Maintain and renew" our left hand boundary fence. So, this fence between us is sort of classed as hers. So to me this means, when it needs replacing she has to pay for it (which previous neighbours have done in the past).

It isn't "sort of" hers, it absolutely is.

I asked her if I could replace it with a 6ft fence panels, at no cost to her. I said though I would want the "good" side of the panels facing me as its going to cost me several hundred pounds to replace, or I would let her have the "good" side if she paid half.

She will not agree to either, and has now said she will compromise if I pay it all and she has the good side, which I also don't think is fair.

I have decided now that on my own land I will erect a taller fence (in line with planning guidance). She is now saying she will put trellis on top of her 5ft fence as its "her fence".

So two questions:

1) Can I put my own fence up my side (subject to height restrictions) and do I need to put this in writing.

You can erect what you like on your own property and you don't need to inform anyone or ask for their permission.

2) Once my fence is up, can she add to the boundary fence or remove the boundary fence without my permission ? Im assuming as she only has rights to "maintain and renew" not remove/make taller/shorter etc without my permission ?

Yes, she can. She can remove it, set fire to it or make higher as long as it complies with whatever permission she needs fro local planning. But she doesn't need any permission form you.

Hope someone can help, as this is really stressful!!

Thanks

Honestly, it isn't really stressful: it's only a ruddy fence! You want to replace her fence. She doesn't want you to except under her own terms. That is her right. I doubt she would have thought up her conditions until and unless you made your proposal to pay for it.

My only advice to you is to not get into a battle with her about her fence. Molehills like this can turn into a mountain in a trice, and then you've got a formal dispute on your hands. Angry and disgruntled next-door neighbours can make life extremely difficult if they have a mind to, so don't give them an excuse.

traceye

BitterAndTwisted wrote: »

Honestly, it isn't really stressful: it's only a ruddy fence!

Thanks for your advice.

It is stressful though, as they can not only see into my garden, they can see into my kitchen and living room, plus also as they have lowered the fence to their other adjoining neighbour, my next door but one neighbours can now see in!

Smith_007

BitterAndTwisted wrote: »

Honestly, it isn't really stressful: it's only a ruddy fence!

Seconded !
It's no wonder neighbour disputes get so heated when people can't sort out something so simple. In this case, the legal ownership is even there in black and white!

BitterAndTwisted

traceye wrote: »

Thanks for your advice.

It is stressful though, as they can not only see into my garden, they can see into my kitchen and living room, plus also as they have lowered the fence to their other adjoining neighbour, my next door but one neighbours can now see in!

Just because they could see into your garden and your house doesn't necessarily mean that they are constantly peering over it to spy on you.

Just put your own fence up and be done with it.

traceye

I didnt want a neighbour dispute, hence why I offered to pay for the whole lot to be done, to keep the peace, but she didnt want this initially, till she realised I could build my own, but now wants the good side.

They dont "own" the fence they just have to maintain it I think.

Its useful to have others opinions on this, so thanks all

WestonDave

Out of interest do the deeds actually say "maintain boundary fence" of just "maintain boundary" - the latter is more common and can easily be complied with by as little as painting a white line down the boundary!

traceye

WestonDave wrote: »

Out of interest do the deeds actually say "maintain boundary fence" of just "maintain boundary" - the latter is more common and can easily be complied with by as little as painting a white line down the boundary!

"maintain repair and renew the fence or other boundary structure"

So I think this means a white line doesnt comply!, but good thinking!!

seven-day-weekend

You can put a fence up inside your own boundary, up to the height restriction, this is nothing to do with your neighbour.

She can also take down the fence on her boundary if she wishes.