Neighbour replaced garden fence

robinspaul

Hi,

I have a semi detached property. I don't live in the property.

I have tenants living in the property. So, I DO NOT visit the property often.

This issue is regarding the Garden Fence between my garden and the garden of the property which is attached to my semi.

Both my property and the other semi-detached property had garden sheds close to the party wall.

Recently, the neighbour who shares the other part of my semi detached property replaced the Garden Fence.

I noticed the first post of the new garden fence is starting from the edge of my garden shed which is close to the party wall.

My understanding is that the fence should be exactly in the middle of both of the gardens. 

If they move the post 3 inches more to their side, then it will end up in the middle of both of us.

I told them you should have started the fence in the middle not my side alone.

What they told me is that 

- the old fence was starting exactly the same position (my side of the party wall/shed), so we replaced the old fence exactly where it was before.

I don't know whether the old fence was exactly in the same place where they have the new fence.

This happened a few months ago. Tenants don't know about the boundaries.

When I was discussing this with my friends, someone mentioned to me about Party Wall Act 1996.

According to this law, the neighbour should have given me a notice before doing the work and as they did not done so, I have the right to take them to court.

I don't think it is easy. I is going to be expensive and if I win the dispute I may get back a few inches of land.

I am happy to forget whatever happened if this is not going to create any future problems for me.

When I say future problems, if the post or panel is damaged, in the future, will it become my responsibility to  fix it becuase the first post is not starting from the middle of the party wall, it is moved more to my side of the wall?

I don't think anything will happen in the next 5 to 10 years time as it is a new fence.

They are vey tall concrete posts and wooden panels. The height of the fence is more than a normal person. 

Will it be my responsibility to keep the fence safe and secure and maintain it in the future?

Thanks for reading this.

greatcrested

My understanding is that the fence should be exactly in the middle of both of the gardens.

Probably - what do the Title Plans show?

If they move the post 3 inches more to their side, then it will end up in the middle of both of us.

OK

What they told me is that 

- the old fence was starting exactly the same position (my side of the party wall/shed), so we replaced the old fence exactly where it was before.

I don't know whether the old fence was exactly in the same place where they have the new fence.

This happened a few months ago. Tenants don't know about the boundaries.

the tenants must know where the old fence was. What do they say?

When I was discussing this with my friends, someone mentioned to me about Party Wall Act 1996. irrelevant.

According to this law, the neighbour should have given me a notice before doing the work and as they did not done so, I have the right to take them to court.

No. The PWA does not apply to fences.

I am happy to forget whatever happened if this is not going to create any future problems for me.

It might cause probelms when you sell. A buyer might ask why the fence is in the wrong place

When I say future problems, if the post or panel is damaged, in the future, will it become my responsibility to  fix it becuase the first post is not starting from the middle of the party wall, it is moved more to my side of the wall?

the fence belongs to whoever paid for it. But since there is (probably) no obligation to maintain (or even have)  fence, if it is damaged in future the neighbour might choose not to repair/replace

I don't think anything will happen in the next 5 to 10 years time as it is a new fence.

They are vey tall concrete posts and wooden panels. The height of the fence is more than a normal person. 

how high?

https://www.planningportal.co.uk/info/200130/common_projects/20/fences_gates_and_garden_walls

Check your Title Plan, and your neigbour's, to see if it shows clearly where the boundary is.