New Fence - Neighbours

[SwingsitlikeHogan]

And so with the rear garden fence between us and our semi-detached neighbours in disrepair and falling down we have decided to do something about it. We're planning to replace existing fence with a top quality 6ft high close-boarded fence. It'll cost us just under £2000!

I've just told our neighbours of what we plan to do and that we don't expect them to contribute. But they are an elderly retired couple and they really don't like us and are very suspicious of anything we do. Within 2mins they were out in the back garden looking and discussing with their son and daughter-i-L. I await their complaints and opposition.

So anyone here able to tell me if I have any rights in respect of what I do with our boundary fence. The plans I have with the house deeds don't show any mark to indicate who is responsible for maintaining the boundary. Facing the rear of our semi we are the left hand side of the fence - I believe I have read that in the event of nothing on the deeds we would therefore be responsible. But can our neighbours object to what we wish to do?

 

[TigerIsAmazing]

what side to the current posts sit? i.e do you see them or do they?

Whatever the answer, you can put up a 6' fence on your property with no recourse whatsoever.

 

[PhilTheFragger]

Sounds very reasonable what you are proposing
As long as the boundary line is respected, you can go up to 2m high without planning permission.

If there is no mark on the plan , they could claim dual ownership of the boundary, in which case they might want some input, but would also be responsible for 1/2 the cost

 

[SwingsitlikeHogan]

what side to the current posts sit? i.e do you see them or do they?

Whatever the answer, you can put up a 6' fence on your property with no recourse whatsoever.

Thanks TIA - the existing fence is panelling between posts so visible both sides. It's 4'6" panel and 18" trellis on top. Replacing with solid 6' (so they can't neb at us in our garden ).

Being pedantic. can I put a 6' fence up on the boundary without recourse?

 

[Jon321]

As above. Put the new fence just your side of the old one. They can't say a word then.

 

[SwingsitlikeHogan]

As above. Put the new fence just your side of the old one. They can't say a word then.

Yes - I suppose we could - though that implies I couldn't take down the existing fence - which would be a problem when putting up a new one.

And I'd like to understand if there are legal responsibilities for maintaining a boundary fence and who is responsible. As mentioned I've heard that this is sometimes marked on property deeds - and in the lack of that the LHS owner (when facing the rear of then property) is responsible.

 

[SwingsitlikeHogan]

Sounds very reasonable what you are proposing
As long as the boundary line is respected, you can go up to 2m high without planning permission.

If there is no mark on the plan , they could claim dual ownership of the boundary, in which case they might want some input, but would also be responsible for 1/2 the cost

Thanks Phil - now that's a good trump card to have in my back pocket.

 

[Lord Tyrion]

We had a similar issue a few years ago. The idea of the left side or the post side being your responsibility is a myth. Ideally responsibility is marked on the deeds but if not the boundary is a joint issue. Some great answers already, I love the idea of building the fence just inside your land.

 

[PhilTheFragger]

The problem of boundary ownership has become more common over the years since "the Land Registry" started doing away with piles of old title deeds ( unregistered land) and moved to a computerised system (registered Land)

Previously you could ask whoever held your deeds , solicitor, mortgage company to look at the deeds to see who owns what.
However the computerised system will have a plan ,but not necessarily taken from the old deeds, so boundaries are not always marked.

 

[Chrisb83]

My brother had something similar both neighbours at the side offered a small contribution to the cost, the guy who backs onto him caused all sorts of fuss so he just put the fence up in front of the old one and left the old one up looking crap.

 

[c1973]

It doesn't matter what side your house is in relation to the fence, that's a red herring I'm afraid.
It should be marked on the title deeds plan (a sort of sideways T), whichever garden has the 'T' is responsible for the fence.
If there is no indicator then the law will deem that the garden containing the struts is responsible for the fence.

Hope that helps.

 

[williamalex1]

If this is the same neighbours that disliked your old HIFI system ??. . Then can I have a special request please " There may be trouble ahead ". Sound barriers perhaps , :rofl:

Only joking mate , I had similar problems . I eventually installed new rails attached to the existing posts [on my side] then fixed new fence panels to them.
Best of luck.:thup:

 

[SocketRocket]

If this is the same neighbours that disliked your old HIFI system ??. . Then can I have a special request please " There may be trouble ahead ". Sound barriers perhaps , :rofl:

Only joking mate , I had similar problems . I eventually installed new rails attached to the existing posts [on my side] then fixed new fence panels to them.
Best of luck.:thup:

[video=youtube;vMnLoOnrwbg]https://www.youtube.com/watch?v=vMnLoOnrwbg[/video]

 

[williamalex1]

[video=youtube;vMnLoOnrwbg]https://www.youtube.com/watch?v=vMnLoOnrwbg[/video]

Stick to swinging old pal , don't take of fence. lol

 

[HomerJSimpson]

Who do you have your deeds with. Get them to check first (not sure you can go direct to Land Registy but maybe) and then you'll know. Otherwise, put it up on your side (for the sake of a few feet) and then there's not argument

 

[daymond]

I always understood the saying ' hammer home ' ie you stand on your own land to hammer the boards to the posts.
With slotted panels, walls and hedges life is more difficult.
Try asking other owners to your left and right which 'fence line' is theirs and you can work it out if they know.
Don't pull down the old fence before you know for certain or you might have nasty legal letters in your letter box.
As you want to do it and pay for it I would build the fence tight against the existing

 

[Darren24]

I am to putting up fence panels and like many have stated before it should be on the deeds. If there is nothing to say you have responsibility then you cannot take the old one down without the permission of your neighbours as it might be there responsibility. You can however build your side of the fence and put anything upto 6foot. Good luck

 

[MadAdey]

Tell them what you want to do and see if they have a problem with it. If they are being obstructive then like has already been said, build a new fence your side of their existing old crappy one. Do not start nailing your fence to their one though, you run the risk of getting into problems with them if they really are that awkward. If that fence is their property and they report you for damaging it by nailing your fence posts to it they could make you pay to replace their original fence.

 

[SwingsitlikeHogan]

Well nothing heard yet - so far so good. But I am wondering if its worthwhile getting anything in writing giving us permission to take down existing fence and erect new one. May sound me being paranoid and OTT but we are 'the worst neighbours' they have ever had and have opposed and stopped us doing an extension and complain about our music , our planting and shrubs, the kids making too much noise in garden when little etc etc

 

[Lord Tyrion]

Sounds like a very sensible move. Covers your back.