Garden Boundaries

Comms69

Rural_Puppy said:

Does the neighbour who is putting up own the fence their house too, or is he or she still  a council tenant? Try and get a copy of their deeds too, that may help to show boundaries clearly and who is responsible for what.
I think your relative has to mention now that they think the posts may be in the wrong place. Ideally come to an amicable agreement before any further work is done.
Ultimately, if there is clear evidence that it is in your relative's land, it could be removed and placed back on the neighbour's property. However that is going to do nothing to help good neighbourly relationships.
As others say, best to avoid a boundary dispute!

Literally has no relevance if they are a tenant or an owner... but im curious as to your logic?

princeofpounds

Shelldean said:

Don't T's on the boundary usually indicate that they are responsible for the boundary??
So in this case it would OP's relative who is responsible?

Least thats what am sure I've read on here previously!

Usually, yes, but not always. Also, there are different levels of 'responsibility' it might refer to. Sometimes they appear with no particular explanation.

HayleyB26

Rural_Puppy said:

Does the neighbour who is putting up own the fence their house too, or is he or she still  a council tenant? Try and get a copy of their deeds too, that may help to show boundaries clearly and who is responsible for what.
I think your relative has to mention now that they think the posts may be in the wrong place. Ideally come to an amicable agreement before any further work is done.
Ultimately, if there is clear evidence that it is in your relative's land, it could be removed and placed back on the neighbour's property. However that is going to do nothing to help good neighbourly relationships.
As others say, best to avoid a boundary dispute!

The neighbour is still a council tenant. I will try and have a look at my relative's deeds to see if it details anything more clearly. 
I think the first port of call will be to discuss with the neighbour and try to come to an agreement of some sorts. I guess failing that, we can contact the council and they have advised they can investigate, but if we can avoid that then brilliant. 

HayleyB26

princeofpounds said:

Shelldean said:

Don't T's on the boundary usually indicate that they are responsible for the boundary??
So in this case it would OP's relative who is responsible?

Least thats what am sure I've read on here previously!

Usually, yes, but not always. Also, there are different levels of 'responsibility' it might refer to. Sometimes they appear with no particular explanation.

Yeah it's frustrating cause it doesn't seem to explain what the T's refer to anywhere.

Comms69

HayleyB26 said:

princeofpounds said:

Shelldean said:

Don't T's on the boundary usually indicate that they are responsible for the boundary??
So in this case it would OP's relative who is responsible?

Least thats what am sure I've read on here previously!

Usually, yes, but not always. Also, there are different levels of 'responsibility' it might refer to. Sometimes they appear with no particular explanation.

Yeah it's frustrating cause it doesn't seem to explain what the T's refer to anywhere.

It refers to being responsible for the boundary. It's meaningless. Anyone can put up a fence. This is some urban myth that keeps perpetuating itself.

Rural_Puppy

Comms69 said:

Rural_Puppy said:

Does the neighbour who is putting up own the fence their house too, or is he or she still  a council tenant? Try and get a copy of their deeds too, that may help to show boundaries clearly and who is responsible for what.
I think your relative has to mention now that they think the posts may be in the wrong place. Ideally come to an amicable agreement before any further work is done.
Ultimately, if there is clear evidence that it is in your relative's land, it could be removed and placed back on the neighbour's property. However that is going to do nothing to help good neighbourly relationships.
As others say, best to avoid a boundary dispute!

Literally has no relevance if they are a tenant or an owner... but im curious as to your logic?

If they are still a council tenant, there is the possibility of also contacting the council as the owner of the property to discuss the position of the fence. As the o/p has just confirmed on a subsequent post.
The council may not be interested of course, however there may be additional guide lines for the tenant to follow in this situation.

Comms69

Rural_Puppy said:

Comms69 said:

Rural_Puppy said:

Does the neighbour who is putting up own the fence their house too, or is he or she still  a council tenant? Try and get a copy of their deeds too, that may help to show boundaries clearly and who is responsible for what.
I think your relative has to mention now that they think the posts may be in the wrong place. Ideally come to an amicable agreement before any further work is done.
Ultimately, if there is clear evidence that it is in your relative's land, it could be removed and placed back on the neighbour's property. However that is going to do nothing to help good neighbourly relationships.
As others say, best to avoid a boundary dispute!

Literally has no relevance if they are a tenant or an owner... but im curious as to your logic?

If they are still a council tenant, there is the possibility of also contacting the council as the owner of the property to discuss the position of the fence. As the o/p has just confirmed on a subsequent post.
The council may not be interested of course, however there may be additional guide lines for the tenant to follow in this situation.

The council arent the owner of the fence.

A tenant can put up a fence. 

I still fail to see the relevance. It's like people are just chucking things out there, perhaps with good intentions, which have zero legal basis. 

Rural_Puppy

No need for rudeness.
The owner of the property  concerned absolutely is relevant. And none of us knows whether the council owns the fences or has guidelines to tenants about their responsibilities regarding boundaries.
 It it were a tenant of a private landlord similar advice might be offered in the event of a dispute with a neighbour over a fence. Ie speak  to the owner of the property.

Comms69

Rural_Puppy said:

No need for rudeness.
The owner of the property  concerned absolutely is relevant. And none of us knows whether the council owns the fences or has guidelines to tenants about their responsibilities regarding boundaries.
 It it were a tenant of a private landlord similar advice might be offered in the event of a dispute with a neighbour over a fence. Ie speak  to the owner of the property.

I'm not being rude. 
The council cant own the fence, clearly, as the neighbour is putting it up...
I really dont understand how to make this simpler. The owner of the property has nothing to do with the fence. (unless they happen to have paid for and put up / otherwise bought the fence - which in this case they clearly havent.)

A fence is like any other belonging. It have no special designation in law. 

I could own the fence, if i paid for it. 

princeofpounds

I think you might be talking slightly at cross-purposes. Comms69 is right that the fence is not owned by the council and they have nothing directly to do with it at this stage. However, it could affect the council later on in legal proceedings, for example if an application for a determined boundary is made. If discussions with the neighbour do not help, then it may be worth highlighting it to the council anyway, as they may exert some informal influence.