Boundary issues

jamesp31

good_advice wrote: »

Yes. That is what would happen in our garden. You both agree you are on his land, but the fence be would be at his cost to move.

When you moved into your home, was it not made clear which boundry fence was yours ?
Often in a row of houses one is yours alone.

No wasn't made clear. We are just assuming that's his boundary, and the right hand side is ours. I have the plans somewhere so will have a look.

Thanks everyone for your help so far!

kev25v6

Just stick with your picket fence, there is no rule to say what size the fence has to be. Can be back to a post and wire if you really wanted too.

slowpoke_rodriguez

Would it be easy to move "the rockery" and prepare the ground for a new fence? If so, and you now believe the concrete posts represented the true boundary, tell him he's free to move his fence to this line.

moneyistooshorttomention

jamesp31 wrote: »

Exactly he should of spoken sooner. He has 2 sheds along the edge (in place of 2 panels) and he said when he put that fence up, he purposely put it up about s foot inside the line so he could access the back of the shed if needed. We don't dispute the boundary line itself, if he wants that patch then fine, though yeah can't understand the logic in having 2 fences alongside each other with a very narrow patch in the middle doing nothing. We just want to know what is the right thing to do. Father in law can make us a picket fence for nothing so no expense to us, though if he keeps his fence up, we will be looking at a picket fence with a patch of grass behind we can't touch, and that he can only access if he comes into our garden. We think he probably wanted a new fence all along and is hoping we will help pay for it

It would have helped if neighbour had told you that that 1' of what appears to be your garden is his. However, on the other hand, didn't you find it rather odd to have those concrete posts there in your garden? I would have been asking questions as to why those posts were there in what appeared to be my garden in the first place before starting work re-landscaping.

With your comments that FIL can make a picket fence for you for nothing - then I think that is the best thing you can do now and duly have this new picket fence put up on these concrete posts (or where they were - if you have removed them).

Before doing this, I would think it best to tell neighbour that you agree that his foot of garden is indeed his and are all set to go to get FIL to make this picket fence for you - BUT wondered what he was going to do to maintain that 1' strip of his garden (in view of the fact it would be between the two fences). Point out to him that the rate weeds can grow at - then that leaves you concerned in case some particularly troublesome weed (eg brambles or tree seedlings) decided to set seed and grow in that gap. Point out that neither of you would like that sort of weed growing there - and that might be what you'd get (ie instead of short annual little weeds).

Then tell him you are fixed up with FIL to put up that picket fence in, say, two weeks time - but if neighbour decides in the meantime that he would prefer to move his fence over to fix to the concrete posts - then that's fine by you and you will be able to cancel FIL doing that picket fence.

NB; Admits to wondering why anyone has fences, rather than walls, due to this "how to maintain the other side" factor. I go for walls every time - fixed/immovable/no need to get at the other side for maintenance.

Alchemilla

If it were me I should put a fence of my own on the edge of my boundary and have done.

I would personally go for the six foot option.

This is not a boundary dispute, yet. You don't want it to become one.

jamesp31

Alchemilla wrote: »

If it were me I should put a fence of my own on the edge of my boundary and have done.

I would personally go for the six foot option.

This is not a boundary dispute, yet. You don't want it to become one.

Thanks for your advice. The only thing with putting a fence up on the inside of our boundary would then be the whole issue of who owns it, eg if he sold up, new neighbours query it, how could we prove that the fence is actually ours and is inside our boundary line? Agree with previous poster as well with regards to solid walls, though to naive little old me, to me what's his side of the fence is his, what's my side is mine. At least I think that's how it should be!

jamesp31

moneyistooshorttomention wrote: »

It would have helped if neighbour had told you that that 1' of what appears to be your garden is his. However, on the other hand, didn't you find it rather odd to have those concrete posts there in your garden? I would have been asking questions as to why those posts were there in what appeared to be my garden in the first place before starting work re-landscaping.

With your comments that FIL can make a picket fence for you for nothing - then I think that is the best thing you can do now and duly have this new picket fence put up on these concrete posts (or where they were - if you have removed them).

Before doing this, I would think it best to tell neighbour that you agree that his foot of garden is indeed his and are all set to go to get FIL to make this picket fence for you - BUT wondered what he was going to do to maintain that 1' strip of his garden (in view of the fact it would be between the two fences). Point out to him that the rate weeds can grow at - then that leaves you concerned in case some particularly troublesome weed (eg brambles or tree seedlings) decided to set seed and grow in that gap. Point out that neither of you would like that sort of weed growing there - and that might be what you'd get (ie instead of short annual little weeds).

Then tell him you are fixed up with FIL to put up that picket fence in, say, two weeks time - but if neighbour decides in the meantime that he would prefer to move his fence over to fix to the concrete posts - then that's fine by you and you will be able to cancel FIL doing that picket fence.

NB; Admits to wondering why anyone has fences, rather than walls, due to this "how to maintain the other side" factor. I go for walls every time - fixed/immovable/no need to get at the other side for maintenance.

Thanks for your advice, that's what we will do. Regarding the concrete posts, we never really thought what they were, to us they were just ugly concrete posts that we didn't really want. Lesson learnt there

jamesp31

Just one other thing I'd like clearing up though, really sorry to keep harping on about it. But let's assume the boundary is his responsibility (I know some have commented that this may not be the case but let's assume it is), is he wrong to expect us to help fund a new fence, because when I spoke with him, to begin with he actually expected me to pay for it, then 'kindly' offered to help pay towards it. Am I being taken for a fool in this instance? As I've said, I don't dispute the boundary or that the strip of land is his.

Alchemilla

jamesp31 wrote: »

Thanks for your advice. The only thing with putting a fence up on the inside of our boundary would then be the whole issue of who owns it, eg if he sold up, new neighbours query it, how could we prove that the fence is actually ours and is inside our boundary line? Agree with previous poster as well with regards to solid walls, though to naive little old me, to me what's his side of the fence is his, what's my side is mine. At least I think that's how it should be!

The same potential problem exists wherever a boundary is not clearly marked on the legal documents which is a lot of the time unless its a relatively new house.

Mistral001

You can just put up a low inexpensive fence on the boundary line and make sure you keep off the strip of land between the two fences. That is all that you have to do as far as I see.


However, the neighbour probably knows the law regarding property and boundaries a bit better than you do and he probably knows that he has done nothing wrong as far as the law is concerned as far as I can see. Whereas, it looks like you have trespassed on his property and altered it. He might not be acting neighbourly but that is irrelevant as far as the law is concerned.


I would see a solicitor fast and get up to speed with the law in this regard.