Fence dispute

-purple-

My neighbour has almost sold their house (about to complete) and has just asked whether I am likely to replace the (battered, old) fence. I have informed that it isn't mine, it's theirs. I replaced my side (the other side) last year.


I believe that my fences are the ones on the left as I face my house. This is also the understanding of my other immediate neighbours. I have also replaced the front fence (linking my wall with my porch) with this understanding.


The deeds are silent, but it's clear that in the front garden, the brick wall between us is joined to their front garden wall, not to mine. Does this count for anything?


Apparently, the current owner has told the soon-to-be new owners that the fence is definitely my responsibility. It's been suggested by my neighbour that we could share the costs of a new fence, but I won't do this as I believe that I'm in the right, and I've already paid for a new fence for what I believe is my boundary responsibility.


My query is, should it come to a boundary dispute, will I need to pay for a solicitor? Is there an alternative?


Thank you for any help you can give


-purple-

Guest101

-purple- wrote: »

My neighbour has almost sold their house (about to complete) and has just asked whether I am likely to replace the (battered, old) fence. I have informed that it isn't mine, it's theirs. I replaced my side (the other side) last year. - There are no sides. Whoever owns the fence, owns the fence. A magic fairy doesn't come along, build a fence and hand over ownership.


I believe that my fences are the ones on the left as I face my house. This is also the understanding of my other immediate neighbours. I have also replaced the front fence (linking my wall with my porch) with this understanding. - that depends on who built the fence / bought the fence. Understandings aren't any use


The deeds are silent, but it's clear that in the front garden, the brick wall between us is joined to their front garden wall, not to mine. Does this count for anything? - no, the deeds wont be updated when someone builds a fence

Apparently, the current owner has told the soon-to-be new owners that the fence is definitely my responsibility. It's been suggested by my neighbour that we could share the costs of a new fence, but I won't do this as I believe that I'm in the right, and I've already paid for a new fence for what I believe is my boundary responsibility. - there is no 'responsibility' they can built their own fence right next to it if they want.


My query is, should it come to a boundary dispute, will I need to pay for a solicitor? Is there an alternative?


Thank you for any help you can give


-purple-

Responsibility for maintaining a boundary has nothing to do with fences. This comes up all the time.

G_M

A fence ownership dispute, not a boundary dispute.

Who originally erected /paid for the fence? That's the owner.

Teh fact that you and all other neighbours believe properties own the fence on the left is an indication, but not proof. Were all the properties built at the same time/ An estate? That increases the likelyhood, as developers tend to allocate ownership in a common way. But

a) the developer may have been a maverick or
b) the houses may have been built at differet times

Likewise the brick wall may be another indicator, but again, not a guarantee.

But as penitent says, there's no obligation to maintain the fence unless the deeds require it. So you could argue

* it's his fence, so till he proves otherwise you will do nothing, or
* it's your fence but you do not wish to repair or replace it.

My query is, should it come to a boundary dispute, will I need to pay for a solicitor? Is there an alternative?

No.

Represent yourself.

Norman_Castle

-purple- wrote: »

Apparently, the current owner has told the soon-to-be new owners that the fence is definitely my responsibility. It's been suggested by my neighbour that we could share the costs of a new fence

I would suggest your current neighbour shares the cost of a new fence with your new neighbour.

As above, a boundary dispute relates to where the boundary is, not who is responsible for the fence.

pinkshoes

Is the neighbour the end of the row on the right so own two fences?

There is no law to have a fence. You could just have a piece of string between two poles!

I would just politely tell the neighbour that as far as you are aware you did erect that fence and have no plans to replace it. End of!

eddddy

As others say, there is nothing to get into a dispute with anyone about.

If you start calling it a dispute (and writing letters, instructing solicitors), you would have to declare it when you sell the property - which might worry potential buyers.

The only comment I would add is, if the neighbours believe it's your fence, they cannot remove it (to replace it) without your consent. So make it clear that you have no objection to them them removing it, if they want to put up a new fence.

Miss_Samantha

The deeds won't tell you whether the fence is yours. They may tell you whether you are responsible for erecting and maintaining a fence, though.

If the deeds are silent then you have no responsibility. Usually you will be able to say who the fence belongs to by check on whose land it is built.

fed_up_and_stressed

I want to replace a horrible old concrete fence that is too low considering I have dogs. That sits on my boundary. I checked the deeds and it is my responsibility however after tea and cake with neighbour turns out they paid for and erected horrible concrete fence and quite like it. So in the spirit of good neighbourly relations we both agreed I would pay for install a higher wooden fence within my land so they can keep their low concrete fence and I get my higher fence right next to it. Win win, no neighbour dispute and cake enjoyed by all. job sorted.

I suggest a similar approach ie approach neighbour with cake and deeds and civil chat instead of talk of disputes and lawyers.

-purple-

Thanks, everyone, this is so helpful.

I'll make it clear to the new owners that if they want to replace the fence, they can. Meanwhile, I'm quite happy to leave it as is (ugly as it is), as I can't afford to pay out for a new one.

As usual, I've been worrying myself silly over nothing - thanks for putting my mind at ease!

-purple-

p.s. Is there a reason that I don't get a 'thanks' option for fed up and stressed?

Thanks to you too, fuas!

moneyistooshorttomention

fed_up_and_stressed wrote: »

I want to replace a horrible old concrete fence that is too low considering I have dogs. That sits on my boundary. I checked the deeds and it is my responsibility however after tea and cake with neighbour turns out they paid for and erected horrible concrete fence and quite like it. So in the spirit of good neighbourly relations we both agreed I would pay for install a higher wooden fence within my land so they can keep their low concrete fence and I get my higher fence right next to it. Win win, no neighbour dispute and cake enjoyed by all. job sorted.

I suggest a similar approach ie approach neighbour with cake and deeds and civil chat instead of talk of disputes and lawyers.

Though there is the snag in your case that the land their fence is on is your land - and not their land.

That may, or may not, matter to you - as you may or may not want that bit of your land back at some point.