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Fence dispute

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Comments

  • TELLIT01
    TELLIT01 Posts: 18,612 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    I very much doubt that an estate agent would go to the trouble of accurately defining the legal boundary of the property and confirming that the fence is on the boundary line and/or that a fence erected on the boundary line was the property of the neighbour.
    If the OP and measured, and the posts and fence are within what would normally be accepted as their garden, I wouldn't worry unduly about what the neighbour thinks.  The solution put forward by Soot2006 would certainly remove any doubt.
  • mrschaucer
    mrschaucer Posts: 953 Forumite
    Part of the Furniture 500 Posts Name Dropper
    In no way, shape or form will the fence "belong" to the tenants.  All discussions about it should be carried out with the actual property owner, their landlord, who might be delighted that you are offering to pay to make the fence a bit higher.
  • Spender£
    Spender£ Posts: 350 Forumite
    Seventh Anniversary 100 Posts Photogenic
    From our experience we have learned with fences it is such a grey area and years ago everybody used to chip in and help each other unfortunately lately i have found myself putting up all my own fences as none of my current neighbours are bothered.
    Time Is The Enemy!
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 9,922 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 14 March 2022 at 8:09PM
    Even if the previous owner bought and installed this fence, if it is within the neighbour's property - and probably even if it's straddling the line - then it is no longer yours. It ain't on your land, so you can't do stuff to it.
    I guess you could try demanding it back, but hey... :smile:
    If you put up a fence on the wrong side of the boundary (assuming you can determine where it is to begin with) I don't see that you suddenly sacrifice your property.

    When topics come up here saying a neighbour installed a fence inside their boundary advice is usually to dismantle and return the neighbours property to them undamaged.

    If the previous owner paid for the fence then the OP now owns it. The tenants idea they own the fence because of T marks on the deeds will very likely be incorrect as the T denotes who is responsible for maintaining the boundary rather than anyone assuming ownership of anything put there by someone else (not to mention they don't own the house any way). 
    In the game of chess you can never let your adversary see your pieces
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