Boundary Issue with rented property

CwazyWabbit50

I hope someone can offer some insight into this issue as it’s causing me major stress. I own a mid terrace house and the adjoining mid terrace is a council property. The tenant who lived there when we moved in (24yrs ago) removed the boundary hedge shortly after we moved in. He didn’t expressly ask for our consent or any financial contribution. Fence was a bit unsightly but we liked our neighbour and said nothing. Shortly after removal, we noticed our garden was very waterlogged in the area when it rained,(Western Scotland!) with a “waterfall” running through our front wall to the pavement (houses are in an elevated position). We planted some shrubs and 2 trees in the space and this solved the drainage issue. Our plants grew to form a hedge quite quickly and we have kept it maintained/trimmed to about 4ft with no issues. The original tenant moved out about 10 yrs ago and the subsequent 2 tenants have only done very basic, sporadic garden maintenance. No fence care. Due to our garden layout we were unable to paint this fence but have always maintained the planted boundary (which has been in place for over 20 yrs). We received a letter re: “shared liabilities” to replace the old fence from the council last week, stating they want to replace the old fence with a 3 foot timber fence, remove our shrubs and charge us £700 (council to pay other half) for the privilege. Their letter also “cheerfully” stated that we could find a cheaper quote by ourselves if we wish!  I feel physically sick. We are responsible home owners who keep our garden well maintained. I have checked our land registry docs and they just show a general boundary line and right of access path through our end terrace neighbours garden. Aside from the old fence issue, we’ve had problems with the latest council neighbours since shortly after they moved in. (The previous ones were nice). Have had to complain to the council about them 2 or 3 times, with the last incident being during lockdown. They’re just inconsiderate and lack self awareness, to put it politely. So we ignore one another now which is sad but necessary. I’ve heard her passively aggressively complaining about the old fence and she seems to think it’s ours. We can’t afford to maintain her garden and the idea of being liable for future repairs to her frankly scruffy garden is very depressing. Can anyone offer me any advice? We are hoping to not have to go the legal route. (Scotland). 

Choirgrl

You’ll probably get more replies if you ask this on the ‘Buying, Renting and Selling’ board over in Mortgages & Homes. There are frequently questions about these sorts of issues over there. 

diystarter7

Tell them to prove it that you moved it.
Tell them you did not.

Re the type of fence they put up, their choice, their fence as long as it's within the legal limits.

Speak to the housing officer for next door, build up a rapport, dont get angry, tell them re your stress and you may find them very helpful. Re 'tell them to prove it' put it in a more diplomatic way, lol

Ditzy_Mitzy

Tread carefully.  The Scottish situation is very different to the rest of the UK, and it is possible for Repair Notices issued by the council to end up on the criminal track if there is a failure to rectify the specified fault.  It already is a legal matter and may be difficult to fight.  Whose side is the fence on?

CwazyWabbit50

Fence and posts looks to be on their side and our hedge is around 4ft across.