Garden Boundaries

Tiglet2

jonboy1972 said:

Hi,

I've got a shared back garden boundary with my neighbour and it's actually my neighbour who informed me that it is shared. It was a 4 foot fence but over time it got overtook by a hedge growing around it. My neighbour has now removed the hedge and fence so there is now no boundary marking at all. Are they allowed to do this without discussing with myself?

Best if you start your own thread, rather than adding to one that is 3 years old.

It would have been the polite thing to do to discuss it with you.

Are you absolutely sure that it is a shared boundary?  Could you download the title and plans for both your and your neighbour's property, including any Conveyances/Transfers to see if anything is noted about the boundary?  

What did your solicitor advise when you bought the property?

Unfortunately there is no law that states there has to be an hedge or fence to mark the boundary at all, only that an owner must keep their kids or dogs in their own garden.

jonboy1972

Tiglet2 said:

jonboy1972 said:

Hi,

I've got a shared back garden boundary with my neighbour and it's actually my neighbour who informed me that it is shared. It was a 4 foot fence but over time it got overtook by a hedge growing around it. My neighbour has now removed the hedge and fence so there is now no boundary marking at all. Are they allowed to do this without discussing with myself?

Best if you start your own thread, rather than adding to one that is 3 years old.

It would have been the polite thing to do to discuss it with you.

Are you absolutely sure that it is a shared boundary?  Could you download the title and plans for both your and your neighbour's property, including any Conveyances/Transfers to see if anything is noted about the boundary?  

What did your solicitor advise when you bought the property?

Unfortunately there is no law that states there has to be an hedge or fence to mark the boundary at all, only that an owner must keep their kids or dogs in their own garden.

I actually bought my property 22 years ago and he moved next door about 2 years ago. I know you don't have to have a physical boundary but if there is one there it seems wrong that it can be just ripped up without a discussion?! I've seen the title deeds and the boundary is shared.

Thanks for your reply

TheJP

Comms69 said:

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. 

The difference is owning the fence and the difference in crossing a boundary to put said fence on. The council will want to know if one of their tenants have effectively put a fence outside of the boundary on a property they own and rent out. Pretty sure they would need permission to erect a fence prior to doing so.

You cant just put a fence on someone else's property, that is illegal.

robatwork

Having just read the whole thread, it would be very interesting if OP Hayley came back to update the forum. Looks like she is still active on MSE.

Ditzy_Mitzy

TheJP said:

Comms69 said:

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. 

The difference is owning the fence and the difference in crossing a boundary to put said fence on. The council will want to know if one of their tenants have effectively put a fence outside of the boundary on a property they own and rent out. Pretty sure they would need permission to erect a fence prior to doing so.

You cant just put a fence on someone else's property, that is illegal.

To set the record straight, three years later, @Comms69 wasn't correct. Whilst the material of the fence, i.e. the pieces of wood, has no special designation in law, the ground it sits on does.  

The property in question is a maisonette with an associated area allocated within a communal garden of sorts.  The OP's relative has bought his/her maisonette under right to buy and may or may not have gained freehold title - a question which has not yet been answered.  The relative may or may not, by extension, have gained freehold title to the strip of garden.  If not, which is more than likely the case given this is a maisonette, the council will remain head landlord for the relative's bit and ordinary landlord for the neighbour's bit.  

The point, of course, is that the vast majority of leases have clauses in respect of erecting semi-permanent structures such as fences on the landlord's property.  Whilst that is often possible, it is usually necessary to obtain permission to do so.  Given the cavalier attitude of the neighbour, I would doubt such permission has been sought.  Ergo, it makes sense to speak to the council.  
 

TheJP

Ditzy_Mitzy said:

TheJP said:

Comms69 said:

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. 

The difference is owning the fence and the difference in crossing a boundary to put said fence on. The council will want to know if one of their tenants have effectively put a fence outside of the boundary on a property they own and rent out. Pretty sure they would need permission to erect a fence prior to doing so.

You cant just put a fence on someone else's property, that is illegal.

To set the record straight, three years later, @Comms69 wasn't correct. Whilst the material of the fence, i.e. the pieces of wood, has no special designation in law, the ground it sits on does.  

The property in question is a maisonette with an associated area allocated within a communal garden of sorts.  The OP's relative has bought his/her maisonette under right to buy and may or may not have gained freehold title - a question which has not yet been answered.  The relative may or may not, by extension, have gained freehold title to the strip of garden.  If not, which is more than likely the case given this is a maisonette, the council will remain head landlord for the relative's bit and ordinary landlord for the neighbour's bit.  

The point, of course, is that the vast majority of leases have clauses in respect of erecting semi-permanent structures such as fences on the landlord's property.  Whilst that is often possible, it is usually necessary to obtain permission to do so.  Given the cavalier attitude of the neighbour, I would doubt such permission has been sought.  Ergo, it makes sense to speak to the council.  
 

I've been sucked in to an old post. Thank you for your concise update. Interesting.