party garden fence

party garden fence

Postby gary collins » Tue Mar 22, 2005 6:56 pm

When I first moved into my house there were concrete posts and chain link fencing between myself and my neighbour. Some twelve years ago they put a ship lap fence up to this on their side. We have both had new patios since then with concrete going up to it.

They recently told me that they wanted to change the fence. Which was fine, until (Having been told the owned the boundary since the day I moved in). I was told that they also wanted to remove the old concrete post too ! Which will leave me with my patio smashed up too !

I told them I was very unhappy about this, decided to check my deeds only to find that they are marked with a H and the fence is a party fence. I informed them of this, only to be told I was wrong and that the deeds must also be wrong. I am away at the moment and just had a phone call from a freind, to tell me that my neighbours have started the work and have damaged my property.

Are they within the law?
Can they go on my land with out my permission?
What can I do?
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Postby despair » Tue Mar 22, 2005 9:45 pm

If its a party fence then they cant do as they please

They certainly cannot under any circumstances damage your property or your patio

Sounds like they have waited till you went away before they acted unilaterally
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party garden fence

Postby gary collins » Wed Mar 23, 2005 12:01 am

I have this evening phoned my neighbour, to discuss this. They say that it is their boundary as you always own the boundary on the left of your property. I cannot see how their deeds can be different to mine :!:

They tell me there is no damage ( Which I do not believe at all ) and that they are only taking back what is theirs. Which after all these years is unacceptable.

I think they waited for me to go away too, it's rather under hand.

I am in shock that people can do things like this. especially a neighbour of over 23 years. :evil:
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Postby despair » Wed Mar 23, 2005 9:49 am

Boundaries are most definitely NOT always on the left

They are as in your deeds unless they are a party fence in which case they are shared

If your deeds say its your boundary or a party boundary then their deeds must also denote what is the boundary

download a copy of both sets of deeds from the Land Registry website
£4 a set for each house and then prove it to the neighbours

They will be responsible for putting right all and every damage plus moving the fence if its incorrectly sited
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Postby Maverick.uk » Wed Mar 23, 2005 9:23 pm

Gary

Despair is correct my boundary is on the right. It all depends on what the developer wants when they plan the plots and draft the deeds etc.

Cheers

Mav
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party garden fence

Postby gary collins » Thu Mar 24, 2005 11:30 pm

Thankyou despair and maverick for your comments and advice.

I now have the downloads of the plan from the land reg. Unfortunately it only shows a red line around the whole plot and gives no indication as to the boundary. so I have asked if they have any more info. Lets hope they do.

Gary
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Postby despair » Fri Mar 25, 2005 10:32 am

The details of who is responsible for fencing may be in the wording of the deeds .......mine is

So the plan alone will be of little help
You need a copy of the title deeds too
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Postby Maverick.uk » Fri Mar 25, 2005 4:19 pm

despair wrote:The details of who is responsible for fencing may be in the wording of the deeds .......mine is

So the plan alone will be of little help
You need a copy of the title deeds too


Ditto

Mav
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party garden fence

Postby gary collins » Tue Mar 29, 2005 12:04 am

I have looked at the download from land reg and I have only had half of it so have sent email to get the rest.

Have had another look at the originals from when I bought the house and the fence is marked with a H. which I am told indicates this is a joint boundary. I will wait and check with land reg first.

I am going back home tomorrow, So will see my neighbour to sort this out! Which should be fun. Wish me luck!
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Re: party garden fence

Postby Maverick.uk » Sat Apr 09, 2005 8:38 pm

What was the result Gary.

Cheers

Mav
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Re: party garden fence

Postby gary collins » Sun Apr 10, 2005 3:34 am

Maverick.uk wrote:What was the result Gary.

Cheers

Mav

Have now sold the property. The neigbours have done no more since I phoned to complain about their actions.

Have now sold the property!!!!!!!!!

Here's to my new life in Dorset.

Let's hope I get no similar problem from my new house.

Thankyou to you and Despair for your advise.


Gary
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Re: party garden fence

Postby Maverick.uk » Sun Apr 10, 2005 7:22 pm

All the best Gary with your new abode.

Cheers

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