Fence dispute

Mojisola

botty1963 said:

I think the issue that I am still not clear on is whether the fence is actually mine because I paid for it to be erected. Or, because his deeds show the boundary/fence as being his, is the fence itself his? 

You paid for it - it's yours. 

IvanOpinion

botty1963 said:

When the fence was replaced he never mentioned ownership, in fact he even put me in contact with a supplier who could provide the wood at a discount. He was happy for me to pay to have the fence replaced. In fact, I didn't replace the section at the top, he later did that and asked me for the money for the wood. 

Are you saying you he had the cheek to ask you for the money for the bit of fencing he did and yet would not pay you for the bit that you did.  I hope you told him to take a very long walk off a very short pier.

the_lunatic_is_in_my_head

botty1963 said:

When the fence was replaced he never mentioned ownership, in fact he even put me in contact with a supplier who could provide the wood at a discount. He was happy for me to pay to have the fence replaced. In fact, I didn't replace the section at the top, he later did that and asked me for the money for the wood. 

OP I think you have 2 issues, the first being the relationship with the neighbour, the second being the fence. 

I don't know if you are best buds, arch enemies or just say Hi in passing but if you did agreed to pay for the bit he replaced it  would suggest he is taking advantage and it would be best to seek advice on any further neighbour issues that may crop up in the future before taking any action.

Regarding the fence as others have said if you paid for it then it belongs to you. The T typically denotes maintaining a boundary which, unless the deeds specifically state so, doesn't mean a fence, it could be some sticks and bit of string, anything to mark where the boundary actually is. 

You have 3 options, 1) leave it be, 2) advise the neighbour they are incorrect in their understanding and the fence belongs to you and ask them to remove anything you are unhappy about 3) take the whole thing down, return any materials you didn't pay for in undamaged condition to his garden and ask when he will maintain the boundary as per his deeds (perhaps you just happen to have a fence for sale).

I wouldn't go for option 3 unless you really don't care about the relationship in the future but most importantly don't let this happen again with any other situations  

botty1963

Many thanks all for the feedback. 

SuperHung

BTW how many fence(s)? The first post says 1 fence?

theonlywayisup

SuperHung said:

BTW how many fence(s)? The first post says 1 fence?

A fence is normally made up of many fence panels.   

I have 'a' fence on my boundary but it is nearly 150m long.  I don't refer to it in the plural.

botty1963

Many thanks all for the feedback. I think I am a little clearer in that the fence is mine given that I arranged for and paid to have it replaced. Clearly he had no issue in me replacing the old fence, as I say he even put me in touch with a company he had dealt with in the past to get the materials at a cheaper price. I am guessing that what has happened (although I will never know) is that at the time he thought it was my responsibility and therefore happy that I replaced it, but then when he recently decided that he wanted to modify it, he then got the deeds which showed the 't' on that boundary so assumed that he could do it without mentioning it to me.