Neighbour putting up a fence next to my boundary fence

Neighbour putting up a fence next to my boundary fence

Postby nidge1976 » Wed Apr 16, 2014 11:20 am

Hi,

I am new to the forum here but have a couple of queries and would like peoples thoughts on the following:

My neighbour is putting up a fence next to the boundary fence that is my responsibility on the deeds.

I realise that my neighbour is fully entitled to put up her own fence on her side however I am not 100% sure what to do for the best.

The reason is I have just moved in recently and there is currently an old 3ft chain fence on the boundary that belongs to us. I eventually want it removed and replaced with a new fence but money is a bit tight due to the move.

It seems a bit daft for us to both be paying out for 2 new fences next to each other. Is it reasonable & more sensible in the long run if I can get the neighbour to put the fence up along the actual boundary if we can split the cost. The other thought I had was to just remove my knackered old fence once she puts her fence up but I don't know if I am allowed to do this and I don't want her to think we are taking advantage in any way. (i.e. extending our boundary by a couple of inches).

The trouble is she only told us 2 days ago and the fence panels have been delivered today so it doesn't give me much time to sort it out. i.e remove the old concrete posts and fencing.

Thanks for your help.

Neil.
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Re: Neighbour putting up a fence next to my boundary fence

Postby cobdale » Wed Apr 16, 2014 11:56 am

your logic seems to be ok ,but like you say if the new fence is imminent ,you want to be talking to your neighbour straight away,and there is nothing really to stop you taking your fence down ,but you will never be able to attach anything to her new fence without her permission ,unless someone on here can tell you differently her new fence would become the new boundary.
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Re: Neighbour putting up a fence next to my boundary fence

Postby MacadamB53 » Wed Apr 16, 2014 2:44 pm

Hi Neil,

You need to understand one simple truth:

One can choose to fence one's land or one can choose not to fence one's land.

Now, you mention a fence on a boundary - it's not it is on your land. You mention it says something in your deeds - ignore this often misunderstood covenant (it is not enforceable).

So, your neighbour has chosen to fence their land - fair enough.
This will mean two fences - not a good idea, all things considered IMHO.
Just take your fence down - sorted.
Best do this beforehand 1. to make it easier to erect the new fence and 2. to avoid any damage to new fence.
I'd replace each fencepost with a stake and run a line along them to mark the edge of your land.

All my non-expert, unqualified understanding.

Kind regards, Mac
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Re: Neighbour putting up a fence next to my boundary fence

Postby nidge1976 » Wed Apr 16, 2014 3:21 pm

MacadamB53 wrote:Hi Neil,

You need to understand one simple truth:

One can choose to fence one's land or one can choose not to fence one's land.

Now, you mention a fence on a boundary - it's not it is on your land. You mention it says something in your deeds - ignore this often misunderstood covenant (it is not enforceable).

So, your neighbour has chosen to fence their land - fair enough.
This will mean two fences - not a good idea, all things considered IMHO.
Just take your fence down - sorted.
Best do this beforehand 1. to make it easier to erect the new fence and 2. to avoid any damage to new fence.
I'd replace each fencepost with a stake and run a line along them to mark the edge of your land.

All my non-expert, unqualified understanding.

Kind regards, Mac


Thanks for the help. So the fence is actually on my land and presumably the boundary line runs immediately next to it assuming the fence was positioned correctly originally?

I would be quite happy to remove my knackered old chain link fence and mark the line with stakes. Is it possible that in the future there might be any repercussions by doing this regarding who is responsible for that boundary or if she later tried to encroach on my side? (i.e. moved her fence across a bit into my garden as I wouldn't have a fence on my side anymore?)

Also if I take my old fence down am I entitled to put plants/bushes/hedges right up to her fence as long as I am not damaging it or effecting it in any way?

Thanks again,

Neil.
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Re: Neighbour putting up a fence next to my boundary fence

Postby MacadamB53 » Wed Apr 16, 2014 3:43 pm

Hi Neil,

So the fence is actually on my land

reasonable assumption, yes (unless someone is disputing?)

presumably the boundary line runs immediately next to it

yup

assuming the fence was positioned correctly originally?

not worth worrying/investigating now

Is it possible that in the future there might be any repercussions by doing this regarding who is responsible for that boundary

no - remember the one truth I posted? boundaries are not owned. they are where two lands abut one another. you are responsible for your land and she for hers. part of that responsibility is deciding whether you want to erect barriers (fences, walls, etc) on the edges to protect the main part from trespass. Nobody is responsible for erecting barriers on their land for the benefit of their neighbour.

or if she later tried to encroach on my side?

not worth worrying about now

if I take my old fence down am I entitled to put plants/bushes/hedges right up to her fence as long as I am not damaging it or effecting it in any way?

yup, unless she says otherwise - no painting, treating, attaching or growing against, etc. (ie imagine its a car rather than a fence).

Kind regards, Mac
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Re: Neighbour putting up a fence next to my boundary fence

Postby nidge1976 » Wed Apr 16, 2014 3:53 pm

Thanks for answering all of my questions Mac. It is appreciated.

It makes a lot more sense to me now you have explained it.

Regards,

Neil.
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Re: Neighbour putting up a fence next to my boundary fence

Postby arborlad » Wed Apr 16, 2014 7:46 pm

nidge1976 wrote:My neighbour is putting up a fence next to the boundary fence that is my responsibility on the deeds.


Neil.


Is that the 'T' on the title plan as well as wording in the deeds?

Is the fence the same age as the house?
arborlad

smile...it confuses people
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Re: Neighbour putting up a fence next to my boundary fence

Postby nidge1976 » Thu Apr 17, 2014 10:51 am

arborlad wrote:
nidge1976 wrote:My neighbour is putting up a fence next to the boundary fence that is my responsibility on the deeds.


Neil.


Is that the 'T' on the title plan as well as wording in the deeds?

Is the fence the same age as the house?


On the title plan the T points inwards towards my garden on the right hand boundary which is where the neighbour is putting her fence.

I am not sure if there is much about the wording regarding the T on the plan In the deeds but it states the following:

"All that the piece of land together with the dwellinghouse and outbuildings erected thereon and known as Westfield Road in the County of Bedford as the same is more particularly delineated on the plan annexed hereto and thereon coloured pink."

The house was built in the mid 1950's. I can't be 100% sure if the fencing is the original fencing but it was certainly already there when the previous people purchased it from the council in 1980 (and it stated then that the concrete fencing had disintegrated). I think she had lived here since about the mid 1960's.

Thanks,

Neil.
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