Neighbour removed our fence & corner/junction post

2013yearofthehouse

According to our deeds we are responsible for one side and the rear fence of our garden. We are on good terms with our next door neighbours, but we don't know the neighbours at the rear at all. The gardens are staggered slightly, so the rear fence is actually shared between two rear neighbours. The rear neighbour who has the "-" part of the "T" has replaced both our and our next door neighbours fence. We're not sure when he removed the fence as until recently there was a tree in the corner, that we have now chopped down. Someone else paying to replace your fence sounds like a good deal (although presumably he should have asked before removing our fence since technically it belonged to us), but the problem is he didn't replace it like for like. He has changed the positions of the posts, so we no longer have a corner post and the "l" part of the "T" meets mid-panel instead, leaving it flapping in the wind! It was starting to fall over and since there is no post to attach it to, we've just attached a diagonal strut in to our garden for now. Surely he shouldn't have done this? Aren't you always supposed to reattach other peoples fencing if you detach it in the first place, which would mean leaving the corner/junction post in the same place?

My question is, now that we'd like to replace all our fencing, what do we do about this bit that he's replaced? We'd like a straight run of all the same fencing, and we can't build it straight in front of his as there isn't room further along and it wouldn't line up the other end (sorry that's not a very clear explanation), but are we allowed to replace his fence with our new one and reinstate a corner/junction post?

Leif

Surely if you are responsible for the boundary, then you can replace the fence as you see fit. Do not put another fence on your side of 'his' one, you might end up moving the boundary towards you. I'd inform the neighbour, politely, that according to your deeds you are responsible for the boundary, and that you are putting up a fence that is to your liking. That gives him a chance to remove and save his fence. If he turns arsy, well, fingers crossed he doesn't. But if he does, point out that damage to the new fence would (I assume) be criminal damage, and he can erect his fence on his land if desired. He MIGHT try to claim that the boundary does not have a fence, and the new fence is actually on his land. But the status of the fences either side will tell you whether or not that is true.

TonyMMM

The deeds show theoretical responsibility for maintaining a boundary , not who OWNS the fence. The actual fence is owned by whoever paid to erect it, and whose land it is on. If that was you (or a previous owner of your property), you may have a good case for action, if not (or no-one knows who put up the fence), the situation is less clear.

Unless the new fence is on your land, you have no right whatsover to do anything to it. I would start by going round and talking to the person - it may be a simple misunderstanding.

2013yearofthehouse

TonyMMM wrote: »

The deeds show theoretical responsibility for maintaining a boundary , not who OWNS the fence. The actual fence is owned by whoever paid to erect it, and whose land it is on. If that was you (or a previous owner of your property), you may have a good case for action, if not (or no-one knows who put up the fence), the situation is less clear.

Unless the new fence is on your land, you have no right whatsover to do anything to it. I would start by going round and talking to the person - it may be a simple misunderstanding.

Thanks, sorry I should have been clearer. The fence he removed was the original one put in when the house was built.

Do plan on going round and politely asking him about it, but just wanted to get a bit of info first. I'm hoping he won't mind us replacing it (he can't even see it as his shed is directly in front of it), but bit worried he might have a I paid for it so don't touch it response.

We'll also have to talk to our next door neighbours, as removing the panel that makes up the "-" of the "T" will also leave them with a gap their side, although I guess with the rear neighbours permission they could use one if his removed panels (cut smaller) to fill the gap.

Leif

2013yearofthehouse wrote: »

Thanks, sorry I should have been clearer. The fence he removed was the original one put in when the house was built.

That implies that it was on the boundary and hence it was your fence. In that case he has I think committed a criminal act by removing your fence. You'll need to check up on that, but mentioning that to him (politely) may worry him and make him more amenable. Whether or not he likes you replacing the fence is irrelevant if it is on the boundary. It is best to be firm IMO. Just hope he is reasonable. Oh and I'd drop him a letter explaining things, I find it easier to organise my thoughts on paper, than when confronted by a neighbour.

2013yearofthehouse

Leif wrote: »

That implies that it was on the boundary and hence it was your fence. In that case he has I think committed a criminal act by removing your fence. You'll need to check up on that, but mentioning that to him (politely) may worry him and make him more amenable. Whether or not he likes you replacing the fence is irrelevant if it is on the boundary. It is best to be firm IMO. Just hope he is reasonable. Oh and I'd drop him a letter explaining things, I find it easier to organise my thoughts on paper, than when confronted by a neighbour.

Thanks, think I'll talk it through with my next door neighbour first so that we're both on the same page and then go round to the rear neighbour for a polite chat. Will follow up with a letter if he's not very amenable, that way I can explain things better. Fingers crossed