Neighbour's fence encroaching by a foot on my side of the garden

user1168934

I bought a house recently and have been living in it for the last few months. It is  a mid-terraced property with neighbours on both side. I have realised that on the right side, fence is encroaching by a foot on my side of the garden. I believe this side of the fence is my neighbour's responsibility to own and maintain. It does not seem to be in a straight line either and it seems like several of the panels in the middle were replaced recently (judging by the condition of the panels) and that may have caused the issue. The panels on the edges are quite deteriorated and pretty much falling apart.

The neighbour's property initially had tenants in it who moved out shortly after I arrived. The property has been empty since. I have been trying to get in touch with the owners but have had no contact with them so far. There is now a "FOR SALE" sign on the property and I would really like to resolve this issue as quickly as possible.

What course of action should I take?

I don't even mind paying for the fence to be replaced if it gets me my land back - can I just go ahead and replace the whole fence?

EDIT: I suppose I should add that I am not sure which side of the fence is my responsibility. The title plan does not specify it. I just assumed that the left side is mine when looking at it from the street.

TheJP

You'll probably need to get a boundary surveyor in to check that the fence has encroached on the boundary before you raise it with the owners. They may contest it which then would mean civil action.  

theoretica

Contact the estate agent?

canaldumidi

user1168934 said:

.... I believe this side of the fence is my neighbour's responsibility to own and maintain.do you mean 'the fence on this side'. Ownership depends on who pruchased and installed the fence.

It does not seem to be in a straight line either Have you checked the Title Plan? Does it show a straight line? Are there any features on the Plan to indicate where the boundary should be?

and it seems like several of the panels in the middle were replaced recently (judging by the condition of the panels) and that may have caused the issue. The panels on the edges are quite deteriorated and pretty much falling apart. Unless there is a covenant in your/the eighbour's deeds, there is noobligation to repair the fence, replaceit, or indeed to have a fence at all.

The neighbour's property initially had tenants in it who moved out shortly after I arrived. The property has been empty since. I have been trying to get in touch with the owners but have had no contact with them so far. There is now a "FOR SALE" sign on the property and I would really like to resolve this issue as quickly as possible.

Have you written to the owners at their address? Used the Land Registry and/or estate agent and/or old letting agent to find their address?

Have you put a letter through the door?

Written tothe owner at next doors address (many landlords have their post forwarded by RM).

What course of action should I take?

I don't even mind paying for the fence to be replaced if it gets me my land back - can I just go ahead and replace the whole fence?

Simply replacing the fence is an option, but could lead to a dispute, especially if you move fence posts back by a foot without agreement.

user1168934

TheJP said:

You'll probably need to get a boundary surveyor in to check that the fence has encroached on the boundary before you raise it with the owners. They may contest it which then would mean civil action.  

It that the same as the property survey I had done when I was buying the property? Is it something different?

user1168934

I suppose I should add that I am not sure which side of the fence is my responsibility. The title plan does not specify it. I just assumed that the left side is mine when looking at it from the street.

user1168934

canaldumidi said:

user1168934 said:

.... I believe this side of the fence is my neighbour's responsibility to own and maintain.do you mean 'the fence on this side'. Ownership depends on who pruchased and installed the fence.

It does not seem to be in a straight line either Have you checked the Title Plan? Does it show a straight line? Are there any features on the Plan to indicate where the boundary should be?

and it seems like several of the panels in the middle were replaced recently (judging by the condition of the panels) and that may have caused the issue. The panels on the edges are quite deteriorated and pretty much falling apart. Unless there is a covenant in your/the eighbour's deeds, there is noobligation to repair the fence, replaceit, or indeed to have a fence at all.

The neighbour's property initially had tenants in it who moved out shortly after I arrived. The property has been empty since. I have been trying to get in touch with the owners but have had no contact with them so far. There is now a "FOR SALE" sign on the property and I would really like to resolve this issue as quickly as possible.

Have you written to the owners at their address? Used the Land Registry and/or estate agent and/or old letting agent to find their address?

Have you put a letter through the door?

Written tothe owner at next doors address (many landlords have their post forwarded by RM).

What course of action should I take?

I don't even mind paying for the fence to be replaced if it gets me my land back - can I just go ahead and replace the whole fence?

Simply replacing the fence is an option, but could lead to a dispute, especially if you move fence posts back by a foot without agreement.

To answer some of the points you raised:

I have just bought the property so I have no idea who replaced and installed which fence.

The title place does show a straight line. There are no special features in the plan just simple straight lines between the row of terraced houses.

I have put letters through the door. I was not aware of a way to find the owner's address. I will try the estate agent and the land registry.

canaldumidi

user1168934 said:

I suppose I should add that I am not sure which side of the fence is my responsibility. The title plan does not specify it. I just assumed that the left side is mine when looking at it from the street.

Again: doyou mean "the fence on which side" which is not the same as "which side of the fence"!

You cannot assume that without evidence. What did the neighbours on the other side say when you asked? Frequently all the fence ownership is on the same side (could be either side) in a street are the same(though not always!)

user1168934

canaldumidi said:

user1168934 said:

I suppose I should add that I am not sure which side of the fence is my responsibility. The title plan does not specify it. I just assumed that the left side is mine when looking at it from the street.

Again: doyou mean "the fence on which side" which is not the same as "which side of the fence"!

You cannot assume that without evidence. What did the neighbours on the other side say when you asked? Frequently all the fence ownership is on the same side (could be either side) in a street are the same(though not always!)

I meant to say that I assumed the fence on left side is my responsibility.

The property on the other side is also tenanted. I asked the tenants and they did not know. I suppose I can ask someone else living futher up in the street.

ProDave

To locate where the fence should be, measure from a feature such as a window or door opening to the inside face of the party wall inside the house.  Then measure that same distance from the same feature outside to the fence.  That will show you were the fence should be.  Technically the centre of the fence should probably be about 100mm further so it aligns with the centre of the party wall. but to be safe keep slightly inside that.

Then project a straight line from that point to the furthest existing fence post at the end of the garden.

Replace the fence to that line and anybody would have a hard time disputing it was not correct.

If the house is for sale I very much doubt the owner is going to dispute it and will just be happy to have a new fence.  you want this done ASAP so the new owner does not dispute it if he sees the fence move.

user1168934

ProDave said:

To locate where the fence should be, measure from a feature such as a window or door opening to the inside face of the party wall inside the house.  Then measure that same distance from the same feature outside to the fence.  That will show you were the fence should be.  Technically the centre of the fence should probably be about 100mm further so it aligns with the centre of the party wall. but to be safe keep slightly inside that.

Then project a straight line from that point to the furthest existing fence post at the end of the garden.

Replace the fence to that line and anybody would have a hard time disputing it was not correct.

If the house is for sale I very much doubt the owner is going to dispute it and will just be happy to have a new fence.  you want this done ASAP so the new owner does not dispute it if he sees the fence move.

Do I need existing owner's permission before replacing the whole fence? or shall I just hire someone and replace it?

Note that some of the fence posts in the middle will be moving - do I need to clearly tell them this?