Replacing an old Fence with a hedge on a boundary i am resposable for

DriverMart

I have lived in this house for 7 years now, and the boundary fence to my right is on its last legs and starting to fall apart, My neighbour started to paint it (including the concrete posts on three sides) a dark grey colour, it was previously brown, I went and asked him to stop painting the fence as I didn't want my fence to be that colour, and I was aware that the fence was on its last legs and that I would replace the fence with a hedge in the near future, he continued to paint it whilst I was at work over a period of weeks. I planted a hawthorn hedge (a few inches in from my side of the current old fence) in the autumn with small plants (approx. 6 inches tall) these are now shooting and we grow in time to produce a secure boundary. My neighbour at the weekend lent over the fence and said he was replacing some of the fence panels, I said that there was no need and that I had had planted a hedge, as I had informed him previously, which will form the boundary. He replied saying that it was a joint boundary and I could not stop him replacing the panels and that he was now against a hedge forming the boundary.

 I have dug out the documents for my property and the deeds state from 1935 when the house was first built "the property is sold subject to the following provision - for himself or his successors in title the purchaser shall in his conveyance enter into the following restrictive or other covenants, namely - to forever hereafter maintain good and substantial fences on the west and south sides of the property hereby agreed to be sold"
 The small plan of the plot of land also shows this boundary with T symbol with the leg inside my plot of land and stating that this is boundary to build and maintain. Therefore clearly identify this boundary as mine to build and maintain.

I have tried to reason with him offering to cut his side when it eventually requires it, but he doesn't listen I told him that he has by painting the current fence a different colour without consulting me or gaining my approval caused criminal damage to it and that he is liable to prosecution which I told him I didn't want to do, he then argues that because he paid half towards the fence when it was erected by the previous owner of my house that therefore the fence is part his, is this correct?

So in short firstly am I in my rights to plant the hedge to replace the fence? Does he have any say on the current fence? And am I right regarding the painting of the fence and fence posts?

Thanks in advance for your help

Martin
 

Davesnave

You can't own a boundary; it's not a thing, just a theoretical place , hopefully where two landowners agree it is.

The neighbour might have ownership claims to the fence if he paid half towards its erection, but that might be as hard to prove as your right to have inherited ownership!

The fence and the boundary are two separate things, but it seems your deeds are clear that you have maintenance obligations for the fence, regardless of ownership. That still doesn't preclude you placing a hedge in front of it on your own land and in time you won't see it whatever colour it is.

Painting a fence isn't usually criminal damage, but it might be aesthetically displeasing. Again, what does it matter if your hedge is going to obscure it?

Comms69

DriverMart said:

I have lived in this house for 7 years now, and the boundary fence to my right is on its last legs and starting to fall apart, My neighbour started to paint it (including the concrete posts on three sides) a dark grey colour, it was previously brown, I went and asked him to stop painting the fence as I didn't want my fence to be that colour, and I was aware that the fence was on its last legs and that I would replace the fence with a hedge in the near future, he continued to paint it whilst I was at work over a period of weeks. I planted a hawthorn hedge (a few inches in from my side of the current old fence) in the autumn with small plants (approx. 6 inches tall) these are now shooting and we grow in time to produce a secure boundary. My neighbour at the weekend lent over the fence and said he was replacing some of the fence panels, I said that there was no need and that I had had planted a hedge, as I had informed him previously, which will form the boundary. He replied saying that it was a joint boundary and I could not stop him replacing the panels and that he was now against a hedge forming the boundary.

 I have dug out the documents for my property and the deeds state from 1935 when the house was first built "the property is sold subject to the following provision - for himself or his successors in title the purchaser shall in his conveyance enter into the following restrictive or other covenants, namely - to forever hereafter maintain good and substantial fences on the west and south sides of the property hereby agreed to be sold"
 The small plan of the plot of land also shows this boundary with T symbol with the leg inside my plot of land and stating that this is boundary to build and maintain. Therefore clearly identify this boundary as mine to build and maintain.

I have tried to reason with him offering to cut his side when it eventually requires it, but he doesn't listen I told him that he has by painting the current fence a different colour without consulting me or gaining my approval caused criminal damage to it and that he is liable to prosecution which I told him I didn't want to do, he then argues that because he paid half towards the fence when it was erected by the previous owner of my house that therefore the fence is part his, is this correct?

So in short firstly am I in my rights to plant the hedge to replace the fence? Does he have any say on the current fence? And am I right regarding the painting of the fence and fence posts?

Thanks in advance for your help

Martin
 

You cant stop someone putting up a fence. it might even be his fence.

It's a common misconception. Your covenant - which to be honest isnt actually enforceable by you - doesnt mean you own the fence. 

You dont get to choose who to prosecute unless you have 50k lying around for a private prosecution...

Yes if he paid half, the fence is half his. Obviously.

You are literally wrong on every count, sorry.

Splatfoot

Was he painting his side of the fence? If so, does it even matter?

AdrianC

Original post, part of another thread.
https://forums.moneysavingexpert.com/discussion/comment/77025446/#Comment_77025446

We don't normally get many threads fighting over who replaces the boundary marker... because BOTH want to...!

Nothing to stop you putting a hedge on your side of his fence, of course. Or him putting a fence on his side of your hedge. The actual boundary doesn't move.

Doozergirl

You have your hedge, he has his fence.  There is literally no problem and you're really quite wrong.  If he paid half, it is half his, regardless of the deeds saying that you need to maintain a fence. 

You've even quoted your deeds talking about a maintaining a fence, not a hedge.  🤦🏼‍♀️

Criminal damage, prosecution- really?  You were wrong in the first  place without chucking that in there.   I think you should apologise.  

xylophone

The existing fence marks the boundary.
Presumably your predecessor in title built the fence and maintained it in accordance with the covenant.
It was therefore your responsibility to prevent the old fence from falling into disrepair or to replace it?

And note that a  "good and substantial fence" not a hedge is what the covenant stipulates?

Could you not simply remove and replace the old fence?
Something rot proof? https://www.ecoplasticwood.com/product-range/plastic-wood-fencing/
Your hedge would grow in front of it?

Davesnave

xylophone said:

Could you not simply remove and replace the old fence?

Not really a great idea if the neighbour thinks he paid for half of it and has started repainting.....

eddddy

It sounds like you've been very confrontational with your neighbour, that's not usually a good way or sorting out disagreements - but maybe there's a back story, that you haven't mentioned.

The obvious solution seems to be that you grow your hedge (on your side of the boundary) and you let the neighbour do whatever they want with the fence. Once the hedge grows, I guess you won't be able to see the fence anyway.

brianposter

The OP has not made clear who the covenant applies to, but there seems to be a suspicion that he should not be planting a hawthorn hedge without agreement from the neighbour.

GDB2222

We have an old blackthorn hedge at the bottom of our garden. It’s a fearsome thing. I’m not surprised your neighbour has chosen to renovate the fence so as to provide him with some protection from your new thorny hedge.  It’s really a great shame that you opted for such an antisocial boundary, and it could cause an awful lot of trouble over the years.

Anyway, the idea that renovating an old boundary fence is criminal damage is somewhat laughable. Are you seriously proposing to waste police time by reporting this? It does appear that you are trying to bully your neighbour into accepting what you want, without giving a moment’s thought to what he wants. I feel sorry for him.