Boundary fence

mishkanorman

Some advice please !

Our neighbour wishes to replace the current 3ft fence between us with a 6ft fence, since they have moved in they had always stated this fence was ours - we refused to agree to changing the fence for various reasons. Next door have recently produced a plan that she says shows a 't' marker for the boundary, we were more inclined to think it was in fact the drain that is that exact position. We were fed up with the issues and could not produce anything that stated otherwise and said she could incur the costs and do as she pleased with the current fence.

We have now found the paperwork, there is a statement from the previous owner, land registry plan and deeds and it states the boundary is ours.

What we need help with is, where do we stand now, if we allow her to pay for a fence on what is our boundary is that an issue ? will it cause us problems in later years ? Could she claim costs from us ?

Any advice on how to proceed ? The fence is due to be changed this week.

Alter_ego

I wish someone would pay to fence my boundary. The only real problem that I see is that they then own the fence.
The T mark usually defines who is responsible for the fence on a boundary. The actual boundary is a line and not owned by anyone.

Grenage

If your neighbour decided to replace the fence, he can't then bill you for the job. So no, you're fine.

jakemillspaek

Put into writing/email your concerns regarding the drain and you were happy with what you had.Insist she treats the new fence in the colour of your choice at her expense.
Don't !!!!! foot with this issue but also don't fall out over it.
Hopefully you are happy with the loss of natural light with the bigger fence.

stator

If you are responsible for the boundary that only means that you have to put something there to mark it.
If she wants a bigger fence I would tell her that she is free to erect a 6ft fence 1cm from the boundary. Then she is responsible for maintaining it and it is on her land. Problem solved.
You can of course allow her to remove your fence and replace it. She will always own that fence until it is removed. The problem is what happens if it blows down.

mishkanorman

Thanks for the responses, unfortunately nothing between us has been reasonable, feels like we are being forced to accept a situation we arent happy with to keep the peace she will no doubt break again in the future.

My concern is what they could possibly come up with next !

Norman_Castle

Picture the boundry as a pencil line on the ground. Your current fence will be entirely on your property. Your neigbour can put a fence on their property right next to your fence (or anywhere else in their garden). They have no right to interfere with or expect the removal of your fence.

http://www.boundary-problems.co.uk/boundary-problems/fences.html

PasturesNew

As others have said.... a boundary is an invisible line. Your paperwork says the fence currently at the boundary is yours. There's nothing wrong with your fence. The neighbour wishes to have a different fence - it is their right to put up their own fence on their property, but not to touch/damage your fence maliciously in doing that.

You do NOT have to pay for their choice of fence. Their fence would exist in addition to yours, not instead of.

If you're happy for her to take down your fence and put up her fence it COULD produce ownership/maintenance problems in the future.

TheCyclingProgrammer

Alter_ego wrote: »

The T mark usually defines who is responsible for the fence on a boundary. .

No it doesn't, it normally denotes who is responsible for maintaining the boundary. The deeds may also stipulate that a certain type of fence be maintained but not usually.

OP has agreed for their neighbour to change the fence so its kind of a moot point who owns the old fence, but their neighbour should ensure the new fence is built on their side of the boundary and be aware that they are effectively responsible for its upkeep.

Gloomendoom

There really ought to be a sticky for these boundary problems

Do the deeds actually mention the 'T' marks in the text?

‘T’ marks on deed plans which are not referred to in the text of a deed have no special force or meaning in law...

Land Registry

As others have said, many times on this board, responsibility for a maintaining a boundary is not the same thing as responsibility for maintaining a fence.

I'd let the neighbours put up their own fence on their side of yours and leave yours in situ.

mishkanorman

Gloomendoom wrote: »

There really ought to be a sticky for these boundary problems

Do the deeds actually mention the 'T' marks in the text?



As others have said, many times on this board, responsibility for a maintaining a boundary is not the same thing as responsibility for maintaining a fence.

I'd let the neighbours put up their own fence on their side of yours and leave yours in situ.

Yes, its mentioned in the deeds that the T marks our responsibility. That combined with the home sellers report and the rest of the council built road all follow the same means we're certain its ours. The plan they have shown us is questionable as to whether its a t marker and it appears to be quite an old plan.

They are intending to give us the nice side and it will be 10ft wide 6ft high panels, so my husband has been informed.

The worry isnt the immediate fence installation its the years to come where we get problems.