Neighbour replacing boundry wall with fence

dori2o

Hi.

The wall in the back yard on the boundry with our next door neighbours isn‘t in the best state and hasn‘t ben for some time.

Last year the neighbour came to us and advised they had received a quote to demolish the wall and replace it with a fence with concrete posts.

The wall is 6m long and 5ft high, the fence will be 6m long and 6.5ft high.

The quote, including skip and removal of rubble was for £1100. They asked if we could split the difference but we simply don‘t have that kind of money available to do that. I explained this and nothing more was said.

Earlier this year they again asked about the wall. I still dn‘t have the money to g halves but put to them an alternative solution. I would arrange for the top 3 ft of the wall to be removed (the top 3 ft is the biggest problem, below this the wall is fine), and would have the wall toped with coping stones. On top of this there would then be a 3ft fence with wooden posts which would be fixed to the wall on my side of the wall using 5ft posts. I advised this would be done in the summer holidays as I work term time and could be there to supervise. My BIL was all ready lined up to do the demo and erect the fence panels. My wifes uncle is a brickie and was happy to tidy up the remaining brickwork and set the coping stones.

They seems to agree with this idea and nothig has been said since.

Today they come to me and tell me they have accepted a quote for the demolition of the wall and erection of a 6ft fence with concrete posts. They said they are going to pay for it and when I am able I can make a contribution if I want to.

My question is, what are my responsibilities, restrictions etc and what are my rights with regards to this new fence?

I‘m thinking about the issue of painting it anually, other maintenance, fixing my washing line to it as it‘s currently fixed to the wall. I have solar lights also fixed to the wall to help light a path to the shed at the end of the garden, can I still fix these to the fence, (or a piece of 2x1 suspended between 2 fence posts).

We do intend to make a contribution when we can but we cannot right now. The quote I beleive is similar to the last one but they have not disclosed exactly how much it is.

jgh

Is it a shared fence, or is it a sole-owner's fence? You title deeds will tell you if you have responsibility to maintain it. Often the land plan will have 'T' marks on the boundary with the head of the T indicating who is reponsible for the boundary structure.

Not having responsibility for maintanince doesn't mean that you shouldn't voluntarily offer, though.

dori2o

jgh wrote: »

Is it a shared fence, or is it a sole-owner's fence? You title deeds will tell you if you have responsibility to maintain it. Often the land plan will have 'T' marks on the boundary with the head of the T indicating who is reponsible for the boundary structure.

Not having responsibility for maintanince doesn't mean that you shouldn't voluntarily offer, though.

i have no problem with maintaining the fence on my side, but part of the reason why i was keen on a 3 ft fence which topped the wall is that maintenance would be relatively simple and would be at head hight. Being disabled with limited mobility and having to paint 5 x 6ft panels will be very hard and is therefore going to require that I get someone in to do it.

there is also then the issue of colour (not a huge issue but still an issue). the fence will be a waney lap type and so the paint will run through the laps and show on the other side, meaning ideally we would both have to paint it the same colour.

Idealy it should be creasoted.

RS2000.

It will be your neighbours fence if he pays for it. Up to him to maintain and you shouldn't attatch anything to his fence without permission.

Keep_pedalling

Assuming they are installing pressure treated panels they will need little maintenance. It's usually the posts that go, but in this case they are installing concert ones so that is not really an issue. The panels should last 20 years or more without further treatment so I would just leave them. It's a boundry fence so you can fit your lights your side and providing you connect your washing line to one of the posts that should not be an issue either, but I would ask your neighbour if that is OK before I did it.

moneyistooshorttomention

We don't know if its a "boundary fence" - ie a party wall equivalent.

AFAIK if its totally on OPs land its his. If its totally on neighbours land its theirs. Its only a "party fence" if it straddles the boundary 50/50.

I've been told that 2 of my party wall/fence features are mine and one is another neighbours. One is unclear - but I think its mine. I've replaced one of the ones I know is mine. I will deal with the other I know is mine. The one I know belongs to a neighbour is down to them (though it needs doing).

Bit of hassle with my nfh trying to claim one of the walls that is definitely mine is "ours" - but I'll ignore that and carry on treating it as mine - because I know it is (not sure why she is trying to claim joint ownership of my wall in the event????). Suggestions welcome - as that's puzzling me...

Mojisola

dori2o wrote: »

Today they come to me and tell me they have accepted a quote for the demolition of the wall and erection of a 6ft fence with concrete posts. They said they are going to pay for it and when I am able I can make a contribution if I want to.

My question is, what are my responsibilities, restrictions etc and what are my rights with regards to this new fence?

They decided on the change - you don't have any obligation to pay towards it.

You don't have any responsibility for maintaining the fence. They are paying for it; it's their fence.

You shouldn't paint it, attach anything to it, grow anything up it, lean things against it or do anything else that might damage it.

dori2o

Just looked at the land deeds and it states...

‘the walls thereof on the Northerly and Southerly (the house and land lies West - East front to back) sides respectively being and are hereby declared to be party walls for the joint use of the premises first hereinbefore described and the premises on those sides respectively‘.

I‘m not very good at reading this olde english but from what I can decifer iy seems that the boundary is joint.

The fence will be build directly on top of the land which currently occupies the wall. The wall has stood since 1889 when the house was built.

moneyistooshorttomention

That establishes that clearly at least then - ie it is a joint wall.

But if you cant afford to do it the neighbours way, then you cant afford to do it the neighbours way. With it being a joint wall in your case - then its a joint decision as to how this should be tackled.

RS2000.

dori2o wrote: »

Just looked at the land deeds and it states...

‘the walls thereof on the Northerly and Southerly (the house and land lies West - East front to back) sides respectively being and are hereby declared to be party walls for the joint use of the premises first hereinbefore described and the premises on those sides respectively‘.

I‘m not very good at reading this olde english but from what I can decifer iy seems that the boundary is joint.

The fence will be build directly on top of the land which currently occupies the wall. The wall has stood since 1889 when the house was built.

But it would be his fence as he bought it.

dori2o

RS2000. wrote: »

But it would be his fence as he bought it.

I‘m not disputing that it will be their fence, I‘m merely interested as to what my rights/responsibilities are, and what restrictions this puts on me with regards to how I use/decorate my yard.

I‘ve now decided that I‘m going to have someone brace a piece of treated timber (2x1) at the top and bottom between the fence posts and put up a bamboo screen along the length of the fence attached to the timber braces.