Neighbour tapping into our gutters over boundary

Re: Neighbour tapping into our gutters over boundary

Postby Collaborate » Fri May 13, 2016 12:01 pm

arborlad wrote:Where there is an intention for a structure to be a party one, it is normally made clear by the type and manner of construction.


Where the intention is made clear in the deeds, you cannot look to how the fence has been constructed to reach a different conclusion. That would be absurd, unless the fence is clearly not the original fence.
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Re: Neighbour tapping into our gutters over boundary

Postby lehbaurd » Fri May 13, 2016 12:38 pm

Your replies are very helpful and greatly appreciated (at least we do know who owns the gutter!).

I will speak to our neighbour and hopefully reach an agreement about the fence replacement that suits us both.

Mrsheen says there's a danger in erecting a fence tight inside the existing one - that with the passage of time the boundary would default to the one we erected.

I know that arborlad has counselled against this in other threads.

If putting up our own fence was the only option, would taking photos of the boundary fence before and after the work was done and keeping receipts be sufficient to establish the correct postion of the current boundary?
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Re: Neighbour tapping into our gutters over boundary

Postby arborlad » Fri May 13, 2016 12:46 pm

Collaborate wrote:
arborlad wrote:Where there is an intention for a structure to be a party one, it is normally made clear by the type and manner of construction.


Where the intention is made clear in the deeds, you cannot look to how the fence has been constructed to reach a different conclusion. That would be absurd, unless the fence is clearly not the original fence.




True party fences are thankfully rare, much more common with hedges and substantial walls.

A fence erected with the intention of it being shared would be something like 4"X4" posts sitting astride the boundary with 6"X1" boards fitted horizontally on the outward faces of the posts.

I have never erected a featheredge fence that is ,or has become, a party one, their construction makes them unsuitable for that purpose.




The neighbour behind replaced part of the fence bordering the house on our left and left the rest of it in place. It is part of this that I want to replace.




What was your left hand neighbours response to that?
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Re: Neighbour tapping into our gutters over boundary

Postby Collaborate » Fri May 13, 2016 1:02 pm

All our fences are party fences - identified as such in our deeds and the deeds of our neighbours (1930s house).

We've replaced or had fixed all our fences in the last 5 years. Some are panel fences with concrete base and posts, but most are concrete posts, wooden rails and timber planks nailed on. Hasn't been a problem (at least not due to the type of fence).

Helpfully, in our back garden the original builders laid out the boundary using concrete posts embedded in to the ground.
Last edited by Collaborate on Fri May 13, 2016 1:58 pm, edited 1 time in total.
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Re: Neighbour tapping into our gutters over boundary

Postby lehbaurd » Fri May 13, 2016 1:51 pm

What was your left hand neighbours response to that?


I can't contact this neighbour at the moment but as I think the work was done with a member of the family's involvement I doubt there was any issue. We weren't approached about the rest of the fence. Maybe because of the hedge/sheds that border it on the other side which means that its condition is really only affecting us.
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Re: Neighbour tapping into our gutters over boundary

Postby arborlad » Fri May 13, 2016 3:24 pm

lehbaurd wrote:
What was your left hand neighbours response to that?


I can't contact this neighbour at the moment but as I think the work was done with a member of the family's involvement I doubt there was any issue. We weren't approached about the rest of the fence. Maybe because of the hedge/sheds that border it on the other side which means that its condition is really only affecting us.



That does give weight to the fence being shared.
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Re: Neighbour tapping into our gutters over boundary

Postby alyson » Fri May 13, 2016 6:31 pm

Have you had sight of the offending neighbours plans?
They might shed light on ownership of the fence.
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