Fence Ownership/Responsibility

SameOldRoundabout

Unfortunately as other posters have said, even if it is his boundary (and I believe it to be given the difference in height!) he doesn’t HAVE to do anything. Why not suggest a compromise and ask him to meet you half way cost wise, or alternatively to remove his fence and you pay to install a new one on top of the retaining wall? I understand it’s very galling and I’d be cross in your shoes, but you don’t have much choice if you want it sorted and he won’t comply! 

fleetingmind

SameOldRoundabout said:

Unfortunately as other posters have said, even if it is his boundary (and I believe it to be given the difference in height!) he doesn’t HAVE to do anything. Why not suggest a compromise and ask him to meet you half way cost wise, or alternatively to remove his fence and you pay to install a new one on top of the retaining wall? I understand it’s very galling and I’d be cross in your shoes, but you don’t have much choice if you want it sorted and he won’t comply! 

I'm actually really surprised how many better people there are then me who would just ignore the BS and just pay out for a new fence and which is not their responsibility either. I must do better!

I don't trust them at all so i'm not going to set a precedent and do the fence for now. But i'm going to wait for the solicitor to come back and advise and by then i'll have calmed down and maybe I will try and be the better person and get it sorted.  

princeofpounds

You can download their deeds and yours at the land registry website for £6 (or £12 including the plans, which you may need if the deeds reference the plans).

I do get this is frustrating, and the attitude is what makes a minor issue (putting the dog aside) feel like a major one. 

greatcrested

No idea why you are going to your solicitor. I gave you the link yesterday!

£3 for the Title and £3 for the Plan here.

Maybe I'm misinterpreting the photos, but the relevant one seems to show a knee-high brick wall, with the dodgy fence attached to the wall on the far (neighbour's) side?

All you need do is attach your new fence (or wire if you prefer) to the near-side of the existing wall.

'Better people'? No - more pragmatic. As my earlier post said, I generally advocate friendly negotiation over a cupper (with cake) when disputes like this arise - but you've made in plain these neighbours are unlikely to respond positively.

The legal route (whoever is in the right) is to be avoided if at all possible, so.....

EmmyLou30

If there was no dog it'd be a case of who cracks first when it comes to replacing the fence as it'd be very rare for a set of deeds to say you had to put one up, a piece of string and sticks would suffice to mark a boundary. So this is how it usually goes with bad neighbours, you end up funding the fence because you can't stand to look at the failing one any longer and they 'win', but you concede 'defeat' because you have higher standards than them and want a decent fence. Sucks, but that's how it is and no law will help you on that one.

BUT, they have a dog which legally needs to be under control. Now that doesn't mean a new fence if they keep it on a chain/piece of rope so it stays in their garden....so having a dog doesn't obligate them to replace the fence. But having a dog out of control and wandering into your garden does mean they have to do something. I would call your local dog warden next time it's in your garden. Or take it to the local shelter. It may or may not have a chip (I think legally they have to now) so the dog may get rehomed to better owners or they get a phone and they'll have to go to the effort of going to fetch it. Do that repeatedly till they get the message.  

Jeepers_Creepers

That retaining wall - whilst looking to be well enough made - ain't the prettiest due to the exposed blockwork. And then there's their fence above that...

You have two main issues - one is the dawg and t'other is the unsightly fence. 

I notice that there are already some posts on your side which look to be attached to that wall? I think, if I were in your position, I'd take my cue from that - the quickest, easiest, cheapest solution that doesn't involve your neighb at all. Attach new posts of the required height to the retaining wall, and run a rail along their tops for additional strength. Then staple wire fence to the backs of the posts in order to make it dawg-proof.

Plant suitable climbers - clematis, ivy, whateves, and train it through the fence. Plant more shrubs along the front of the wall if necessary to hide the blockwork. There are variations you can make of this - you could run a section of trellis along the top if you prefer that look, but the idea of wire fencing is that it's quick and cheap, does the job - and then you hide it.

The next step is to completely forget that there ever was an issue with this fence - your neighb is a tool, but you have taken it upon yourself to resolve the matter in a way that is an ideal solution for you - no more hassle over negotiating a compromise or anything else. Your neighb's fence can continue to look an eyesore for him, or even fall down completely. 

princeofpounds

I like the idea of climbers actually. Good suggestion.

Falafels

When I first moved into my property, the elderly couple next door used to have a moan at me about something, every time I saw them. The previous owners had told me that the ramshackle, falling-down fence - with the derelict shed beyond - in the back garden was their (the elderly couple's) responsibility, but the old geezer refused to do anything about it, and said that the previous owner didn't know what he was talking about... so... I replaced the fence myself, put trellis on it, stained it to a colour of my own choosing and generally loved that fence in a way that wouldn't have been possible if it had been owned by the neighbour.

Some things just aren't worth fighting over.

Jeepers_Creepers

*sniff*... "I loved that fence as if it were my own... *sniff*

BWWWWWAAAAAAAAAAAHHH! :-)

Scotbot

EmmyLou30 said:

BUT, they have a dog which legally needs to be under control. Now that doesn't mean a new fence if they keep it on a chain/piece of rope so it stays in their garden....so having a dog doesn't obligate them to replace the fence. But having a dog out of control and wandering into your garden does mean they have to do something. I would call your local dog warden next time it's in your garden. Or take it to the local shelter. It may or may not have a chip (I think legally they have to now) so the dog may get rehomed to better owners or they get a phone and they'll have to go to the effort of going to fetch it. Do that repeatedly till they get the message.  

Dogs have to be microchipped and a responsible breeder will do this before placing the puppy. However many don't  and this owner doesn't  sound liked he would either.  Dogs homes are currently closed so you can't just drop the dog off, if you call them to report a found dog you can expect a whole host of questions as to where you found it.  Bottom line until covid is over no one is going to take the dog off your hands they will just tell you to take it back to it's owner.