Garden fencing
denwyn
Posts: 193 Forumite
Just recently moved house, want to replace fencing all roundrear of house, one side and the back is ours, so no problem with that, deeds say orher side is next doors, we were quite happy to pay half the costs to do this side, even at a push pay for it all, they have said they dont want it touched, the house is not used, lady in care home for last 5 years, daughters own it, but its only used for about two days in every 6 weeks, when one dauger comes over from abroad to stay while she visits mother in the home. There back garden is overgrown with bramble, trees and weeds. The fence is in an awful state. We dont want to sit outside looking at this. We are now considering erecting a new fence in front of it, quite a few of the posts on the old fence lean over into our property can we make them sort this out, as it would hold us up doing the new fence. What happens to the boundry if we put this fence up, i will take lots of before and after pictures. We dont want to fall out with them,but feel it very unfair they are imposing there crappy fence on us. There doesnt seem to be a straightforward ruling over fencing.
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My understanding of the regs' are: If the fence is on the boundary and the deeds state it is their responsibility to maintain the boundary then you can't force the issue. Unless there are covenants in the deeds specifically naming the type of method to maintain the boundary, all they are legally required to do is delineate it and that can be done with string and posts. If they are happy with what is in place then there is nothing that I can see you can do to change that, though they would be silly to turn down your offer to pay for the whole thing.
There is nothing to stop you putting up a fence on your own land though, as long as it doesn't make use of or damages the existing boundary division. You say that there are posts poking onto your side of the boundary, can these be straightened up? Have you made the neighbour aware of these posts?0 -
. What happens to the boundry if we put this fence up......
The boundary doesn't change but what might happen is that, if you put up a fence 6 inches or so inside the boundary, the current or future owners may remove the existing tatty fence and thus gain the use of 6 inches of garden.
That might leave you a future problem of proving where the correct boundary line is.
Perhaps that is what they are hoping for or perhaps they just can't be bothered doing anything or co-operating with you.
Is the current fence in such poor condition that it might collapse in heavy winds?
Can you push back the posts that are leaning your way or does that weaken them?0 -
It’s in very poor state, and yes it could well blow down in very strong winds, Before we purchased the house it was rented out for a year and I do believe a section did blow down and they were forced to replace the panel , mainly for safety reasons as it was very unsafe and the tenants had young children who playe in the garden, the repair was of very low quality.I would be concerned just pushing the posts back,they could well break. Surely if th e lean over into my garden I can insist they do something, they come over the actual boundary quite a bit, if I was to put up a fence to avoid the leaning posts I would lose a good foot of garden. It’s just so frustrating that the law seems to protect them while they inflict there crappy fence / garden / trees / bramble /weeds etc on us.0
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If it bothers you that much, I would erect your own fence right up against it and run the risk that they steal the few inches of land. As others have said, they are well within their rights to remove the lot and simply mark the boundary, they aren't obliged to have a fence unless the deeds specify they must, or if they have a dog that must be in a secure garden.
You can (carefully) right their posts and panels so they are not overhanging your land whilst your new fence is installed but should you damage it further they could insist on you putting it back the way it was. I doubt they will do so, or in fact take advantage of the tiny sliver of extra land because from your description it sounds like they have much more important things to concern themselves with.0 -
Aylesbury_Duck wrote: »If it bothers you that much, I would erect your own fence right up against it and run the risk that they steal the few inches of land. As others have said, they are well within their rights to remove the lot and simply mark the boundary, they aren't obliged to have a fence unless the deeds specify they must, or if they have a dog that must be in a secure garden.
You can (carefully) right their posts and panels so they are not overhanging your land whilst your new fence is installed but should you damage it further they could insist on you putting it back the way it was. I doubt they will do so, or in fact take advantage of the tiny sliver of extra land because from your description it sounds like they have much more important things to concern themselves with.
The dog needs to be under control not fenced in.0 -
No reason not to put a fence next to theirs. Advise them about what you are doing and that you will need to move the overhanging posts which I suspect you are entitled to do.0
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I think initially asking them to pay half was where you went wrong.
Have you since offered to fund it all?0 -
We only made the offer as a good will gesture, which they seemed to like at first. Offer of us paying for all of it, was made when they seemed to be back tracking. We don’t understand them, why would you turn away a £1200 offer to get a new fence erected in exactly same position. We had a long talk over this tonight, and that offer no longer stands. Will be getting there posts pushed back straight, and putting some extra posts in on my side to stop it falling over. These will be just in front of the fence, We won’t be building in front of it either, will put some very large shrubs, bushes in to hide the worst of it, and some willow screens, and going to make it clear to them should any of there fence fall over and do any damage they will have to pay all repair costs. Since found out they gave neighbour on the other side of garden a hard time when he replaced his fence. THE END.0
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:rotfl:We only made the offer as a good will gesture, which they seemed to like at first. Offer of us paying for all of it, was made when they seemed to be back tracking. We don’t understand them, why would you turn away a £1200 offer to get a new fence erected in exactly same position. We had a long talk over this tonight, and that offer no longer stands. Will be getting there posts pushed back straight, and putting some extra posts in on my side to stop it falling over. These will be just in front of the fence, We won’t be building in front of it either, will put some very large shrubs, bushes in to hide the worst of it, and some willow screens, and going to make it clear to them should any of there fence fall over and do any damage they will have to pay all repair costs. Since found out they gave neighbour on the other side of garden a hard time when he replaced his fence. THE END.
That is quite possibly the dullest fairy tale I've read.
One upon a time there lived someone called denwyn, whose neighbour had a shabby fence. Denwyn was mightily peeved by this so grew some shrubs to hide the fence. The End.0 -
:TAylesbury_Duck wrote: »Denwyn was mightily peeved by this so grew some shrubs to hide the fence. The End.
Exactly what I did with a commercial neighbour, who will never replace their fence.
It cost peanuts to do using bare root plants at about 40p each. It also has the advantage of being higher than a fence can be, so I don't see them either.
Too late for bare root plants this spring. Early bird, worm etc, but something to consider.0
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