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Boundary Fence

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  • ShiShi79 said:
     no one owns the boundary even if it is their responsibility to maintain, if we put a fence up is ours fence and if they damaging it is criminal offence. Is that true. 

    That is true.  But if you put up a fence on someone else's land, that is a sort of trespass and they have the right to get it moved entirely onto your land.

    ShiShi79 said:
    ThisIsWeird, 

    They didnt have patio door until end of 2022 when they bought the place but see the 2 vents- they are original and should be on exact same distance from the joint wall inside. 
    So it seems like the boundary is about here:


    Posts look like they straddle the boundary to me.
  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
    1,000 Posts Second Anniversary Name Dropper
    ShiShi79 said:
    ThisIsWeird, 

    They didnt have patio door until end of 2022 when they bought the place but see the 2 vents- they are original and should be on exact same distance from the joint wall inside. What I really need to know is even if part of the post is on the border line, is that means it is on her land? I

    I read many things since Sunday and many people say that no one owns the boundary even if it is their responsibility to maintain, if we put a fence up is ours fence and if they damaging it is criminal offence. Is that true. 

    I need to check if our house insurance have Legal Protection. Its just unbelievable how much grieve some people carry inside of them for absolutely no reason.  

    Here is a closer look to what and where exactly fence start. On the previous comment you have end of the fence too 
    The vents are suggestive, but not conclusive - they have been positioned to suit the bricks, so could well be different on each house.
    The windows, I think, are more useful - can you post a similar pic but showing the upstairs windows as well?

    Anyhoo, to answer your Q's; no-one 'owns' a boundary - it is an invisible line on the ground. Anything fully on one side, that person 'owns'. If it straddles, it's 'party' or shared. 
    Your situation is a mix! The posts may well straddle the boundary to some degree, but the actual fence would appear to be on your side. Ok, I am not at all sure if the significance of this, but it certainly isn't their fence. At best it's 'party', and - possibly - 'yours'. But, the posts don't seem to be fully on your side. Rats.
    Check for LegProt.
    Ok, what is it you want - what outcome? And, what do they want?
  • ShiShi79
    ShiShi79 Posts: 6 Forumite
    First Post
    ThisIsWeird, 
    Interesting part is they don't object the start of the fence but the end bit which we put up. they saying posts and fence towards the end is put on their land so they can do whatever they want. They didnt allow us we to fix the wobbly post and wanted their privacy, demanding us to put back the featheredge boards. 
    Now, we am pretty certain we have not put fence on their land. If anything, as you can see maybe part of the post might be ultimately on the boundary line, but not their land. 

    What I want - to have my fence, their weeds to stay out of the way and as well as their rubbish do not lay against my fence. This is difficult to be achieved unfortunately!!! I think we reached to an agreement with my husband- end of the fence we put 4 new posts- one right next to the very last originally build 3 foot fence- one after the dividing concrete post and 2 in the middle to create as much as possible straight line and fence our end. So we will take out the 2 middle post, put just small 3 foot rounded end post and put up chicken wire net. We have not done anything wrong and I by all means do not had bad intensions of going into anyone garden when putting the fence up. 

    Yes definitely will check LegProt as I don't think they will stop with this. They show their real face and I personally do not want to have anything to do with those kind of people. I have an offer for survey done, considering if worth doing it as it does come to a cost ( more than I expected unfortunately). 
    The original fence is there for more then 10 years probably so I am not really worried about this, but will leave this as it is right now. And will check if we have legProt we definitely will seek some legal advice, for piece of mind and any future coming objections. 

    BTW good description RATS  :smiley:
  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
    1,000 Posts Second Anniversary Name Dropper
    ShiShi79 said:
    ThisIsWeird, 
    Interesting part is they don't object the start of the fence but the end bit which we put up. they saying posts and fence towards the end is put on their land so they can do whatever they want. They didnt allow us we to fix the wobbly post and wanted their privacy, demanding us to put back the featheredge boards. 
    Now, we am pretty certain we have not put fence on their land. If anything, as you can see maybe part of the post might be ultimately on the boundary line, but not their land. 

    What I want - to have my fence, their weeds to stay out of the way and as well as their rubbish do not lay against my fence. This is difficult to be achieved unfortunately!!! I think we reached to an agreement with my husband- end of the fence we put 4 new posts- one right next to the very last originally build 3 foot fence- one after the dividing concrete post and 2 in the middle to create as much as possible straight line and fence our end. So we will take out the 2 middle post, put just small 3 foot rounded end post and put up chicken wire net. We have not done anything wrong and I by all means do not had bad intensions of going into anyone garden when putting the fence up. 

    Yes definitely will check LegProt as I don't think they will stop with this.
    The original fence is there for more then 10 years probably so I am not really worried about this, but will leave this as it is right now. And will check if we have legProt we definitely will seek some legal advice, for piece of mind and any future coming objections.
    BTW good description RATS  :smiley:

    Oops - by 'Rats' I meant that the situation isn't as clear-cut as I'd hoped, that's all! :-)
    If they are 'happy' with the fence up at the house, and the fence is a straight line (or near as - no-one can make it perfectly wobble-free), then they are being daft.
    I wouldn't have a survey done - I'd leave that to them if they need to. You are happy with the current situation - it's them wot's challenging it, so let them pay out for surveys.
    I'm afraid I don't quite follow what's going on in your description of the situation at the bottom of the fence in your two paragraphs above, but for them "demanding us to put back the featheredge boards" is silly, unless it's their fence you removed. 
    No-one has to have a fence. If this is your fence, you can take it all down if you want - provided you don't then allow your wild beasts to go on to their land*.
    Anyhoo, check for LP.
    Meanwhile, if you have another conversation with them, walk it through in simple steps, getting them to agree with each one before moving on. "See our two windows above, yes? Ok, there (point) is the mid-point between them. Yes? Ok, trace that point down to the guttering and wall. See the two matching vents, yes? Ok, the midpoint between the windows agrees pretty closely with the midpoint between these two vents - you agree, yes? Cool - ok, that is almost certainly the boundary between our two properties, the middle of the party wall between our houses. Now look at where the fence lies - it's very clearly on my side, isn't it? Coool. Ok, now look down the garden - the fence is near-as-dammit straight, isn't it? Yes, it does wobble a wee bit because it wasn't installed by a nuclear physicist, and we have had some pretty sturdy breezes now and then, but it's generally a straight line, yes? Good! So, even tho' the deeds might suggest that you should be 'responsible' for the fence on this side, the fence actually belongs to whoever's land it sits on, and that is - ooooh - 99.99% mine. And the other person shouldn't touch it without permission, and certainly not do anything to it that could cause damage, 'cos that is actually 'crime' if done intentionally. So, to be clear, I am very certain that this is my fence as it sits on my land, and I am making it clear to you that you mustn't interfere with it in any way without my permission, and I'm certainly not agreeing to you placing heavy objects against it. Is that clear, bozzo?"
    Or your own choice of words.
    Oh, did I mention that you record this conversation - have your phone sitting in your pocket.

    *On that point, if you don't have wild animals on your side that you need to contain, and ideally if they do, if they complain about your fence again, you could simply remove any section you want and leave it all open. What would they do about that?
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