Garden fence

Land_Registry

What the registered titles refer to will often assist in understanding what was put in place when the properties were perhaps developed and sold off individually.

Often, and as the years go by, owners may not always stick to what was applied at the time and may make their own choices re who maintains what and indeed they may even replace or move the fence. That too can then impact on how you and they view who is responsible.

Add to that the fact that the person you each bought from may state in the particulars of sale what their thoughts are on who is responsible etc

So the best advice is to pool the information you both have, acknowledge that they have already replaced the other fences and reach an agreement as to the best way forward.

They may of course be registered as being responsible for all their fences or both sides but you still come back to the mix of information available and hopefully agree who does what etc

That is not always easy but until you confirm their understanding you won't be able to search for and reach any agreement

HelenRachel

Tonygold yes we just have the line drawing (sorry if I wasn't clear). I thought that the accepted convention was where the 'T' was, was your boundary? The neighbour has replaced her other two fences at some point, as have the previouse owner of our property (the other two fences are the same as eachother it's the 'disputed' fence which different to both). I don't know who put the damaged fence up, or if it was origional to the property? The estate is only 30years old. Yes you are right they are 'boundaries' rather than fences as such. I would offer to pay half of the replacement cost but we will have to replace the back and left hand fences soon and tbh we just can't afford to at the moment bc of DH job. Also there is no one to pay half of the other fences with (one backs onto council land and the other backs onto the front of two other properties (presumably that's why its 'our' boundary)). May just have to go for the piece of string option as pp suggested! Lol

HelenRachel

Land Registary Rep: I think that maybe the best way forward the we arrange a chat about the fence to come to the best possible agreement. We plan on living here for the next 10+ years so REALLY don't want to be falling out with anyone!

rosie383

I still think it is worth mentioning to her that the deeds show that the fence on that side is her responsibility. It can be done in a way that is not confrontational at all. No need for any bad feeling but if you need to replace the other fences then it is quite a cost if you don't actually have to replace the fence in question.

Land_Registry

HelenRachel wrote: »

Land Registary Rep: I think that maybe the best way forward the we arrange a chat about the fence to come to the best possible agreement. We plan on living here for the next 10+ years so REALLY don't want to be falling out with anyone!

In my experience that is often the best way but only you (and your neighbour) will understand how that neighbourly relationship does and can work.

Any dispute is best avoided, especially as if either decide to move on in the future as it should be revealed to any prospective buyer, which as you will appreciate, could well put them off buying for example.

Every situation and every neighbour are unique but the recommended approach is a consistent one

HelenRachel

Just wanted to update with our new fence issues!

So the fence on the right as you look at the garden has had no change and I've not spoken to the neighbour about that yet!

The neighbour on the left as you look at the garden, has been doing some work on his house. We had planning information go round and on that side of the garden there is our fence and then a line of bushes on his side holding the fence up (its a very old fence that we knew needed replacing!). On the original plan the bushes were staying so that was fine. I spoke to him for the first time yesterday and he said he was going to taken the bushes down now and just wanted to let me know as this will mean that I'll have to replace the fence on that side too! Hes a builder and said he'd happily put our new fence up, and the back fence if we need that doing too (we need that doing) for a price! I also said I wanted the front bushes out of our garden. So he said he'd do the bushes in the garden and put the fence up (just the one on the left) for £300. I'm not sure if this is a good deal? Or not really. I hadn't planned on taking the fence down until next year as its holding (albeit because of the bushes). If he takes the bushes down and pulls my fence down at the same time is that my problem or his? Does he have an obligation to make sure my fence dosn't come down with the bushes if I dont want it to? Mainly because I think I need more time to save up and theres things that need doing in the house first (bathroom and electrics). Also I'm not worried about our garden. I've planted quite a lot down that side for the summer so I don't really want it all pulling up??? I'm not sure what to do now and my husband isn't sure we can afford it now anyway - especially if we have to pay towards the fence on the other side??? And the back! its a big garden so may be expensive, and I don't want to upset the neighbours.

Any advice?

pinkteapot

Your fence should not be supported by some bushes!

Effectively, you've been lucky so far that they've held it up or you would have needed to replace it sooner. The bushes are on his land (I assume) and it's up to him if he wants to remove them. He does of course need to be as careful as possible when taking the bushes out, but if they are the only thing holding the fence up he can't be expected to manage to keep it upright. I'd say this one will be your responsibility to fix.

Re the quote, put the amount and work involved on the DIY board and people will tell you if it's a fair price or not.

As for the other fence, just show the neighbour the plans. You might live there 30 years - are you going to do all the fence repairs and replacements throughout that time, even though it's not your fence, because you don't want to have that conversation with them? Just be polite - "I was just checking some things on the plans, and noticed that this fence is actually yours I'm afraid." Look embarrassed and apologetic.

The thing about the person who has the 'inside' of the fence owning it is an old wives' tale that a lot of people believe, so she'd probably had friends tell her that.

You're best off just getting the conversation over and done with as soon as possible. Otherwise, you'll leave the fence and they might be getting stroppier with you because they think it's yours and you're neglecting it.

Hoploz

Just reading through this thread ... I was going to suggest you send your hubby round to show your neighbour the plans LOL. (Then suggest splitting the cost or helping to actually do it)

Re the new problem, I can't see why you should pay for a new fence just because he has decided to take it down (effectively). Having said that, I don't know how much fencing you're talking bout, how many panels, whether there are concrete posts there or to be put in, or just wooden posts, did he mean for you to buy the panels and he just puts them up?
.... But £300 for both side and back fences and the rest of it sounds pretty good to me!

HelenRachel

£300 for the front and side fence, we have to buy the panels and if DH isn't around to help then I have to pay labour costs as well. The fence is quite long about eight or nine panels I'd say.

We've only lived here since August so if the fence had been replaced when it needed it it wouldn't have been us replacing it. Not that that's his problem.

Mojisola

HelenRachel wrote: »

£300 for the front and side fence, we have to buy the panels and if DH isn't around to help then I have to pay labour costs as well. The fence is quite long about eight or nine panels I'd say.

If you're buying the panels and providing labour/paying labour costs, what is the £300 for?