Rockery piled up against my fence

Boundary issue

Postby Chris0706 » Tue Jun 11, 2013 6:28 pm

My neighbour has informed me that I own the boundary between our two gardens, the fence that the previous owner of his house put up has rotted away and he is waiting for me to replace it. The original concrete posts that were put in when the house was built are still in place and I intend just to replace the wires, marking the boundary but nothing more. What I would like to know is where is the actual boundary, I assumed it was on the wire in the middle of the posts but I would like to check as I have read that the posts will be entirely in my garden and his boundary line is the face of the concrete post closest to him. Could anybody clarify where exactly my garden ends and my neighbours starts. Thank you.
Chris0706
 
Posts: 31
Joined: Tue Jun 11, 2013 3:39 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Boundary issue

Postby arborlad » Tue Jun 11, 2013 8:49 pm

Chris0706 wrote:What I would like to know is where is the actual boundary, I assumed it was on the wire in the middle of the posts but I would like to check as I have read that the posts will be entirely in my garden and his boundary line is the face of the concrete post closest to him. Could anybody clarify where exactly my garden ends and my neighbours starts. Thank you.


If the neighbour is right and the fence is wholly owned by you, then this is correct: 'the posts will be entirely in my garden and his boundary line is the face of the concrete post closest to him.', only if the fence is shared will this be correct: ' I assumed it was on the wire in the middle of the posts'
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary issue

Postby kipper » Tue Jun 11, 2013 9:09 pm

Check the deeds for information on boundary responsibilities. For the type of fence used, if indeed it is original from the time the houses were built, it sounds more likely that the boundary may be shared.


However I'm not quite sure I understand this. Are/were there 2 fences?

the fence that the previous owner of his house put up has rotted away and he is waiting for me to replace it. The original concrete posts that were put in when the house was built are still in place and I intend just to replace the wires
kipper
 
Posts: 855
Joined: Wed Sep 02, 2009 8:10 pm

Re: Boundary issue

Postby Chris0706 » Tue Jun 11, 2013 9:32 pm

Yes there were two fences, the original concrete posts and wire, and a wooden fence the previous owner put up on his side. This has now fallen down and the new owner has advised me that according to the deeds the fence is my responsibility, the T is on my side. What I am confused about is where the actual boundary is, I assumed the concrete posts were half in his and half in my garden, but think maybe they are all in my garden. It's only 2 inches but he is being stroppy because my plants grew up to where his fence was, as plants do, and he demanded they were removed from his property !!!!!
Chris0706
 
Posts: 31
Joined: Tue Jun 11, 2013 3:39 pm

Re: Boundary issue

Postby kipper » Tue Jun 11, 2013 10:44 pm

Whatever the status of the boundary, you are under no obligation to provide or repair the fence. If the boundary is your responsibility then you can take the boundary as running in line with the face of the concrete fence posts on your neighbour's side. If your plans grow over the boundary your neighbour can trim/weed back to the boundary himself or install a root barrier.
kipper
 
Posts: 855
Joined: Wed Sep 02, 2009 8:10 pm

Re: Boundary issue

Postby Chris0706 » Tue Jun 11, 2013 10:53 pm

Thanks Kipper, I doubt he will replace the fence, it has been left to rot for a few years and was an eyesore but has now fallen down completely and is piled up on his driveway with other rubbish. He has three children and a dog so the lack of fence will inconvenience him more then it will me. I was concerned that he would insist on the concrete posts being removed if he does put a new fence up, but if they are on my side I will stand my ground. The plants have all been moved or cut back, after a 'you have one week to move those plants or I'll move them for you' ultimatum, nice chap. Thanks again :D
Chris0706
 
Posts: 31
Joined: Tue Jun 11, 2013 3:39 pm

Re: Boundary issue

Postby kipper » Wed Jun 12, 2013 12:50 pm

He is legally obliged to prevent his dog from straying from his land. If he wants to let his dog loose in the garden he must provide and maintain suitable fencing.
kipper
 
Posts: 855
Joined: Wed Sep 02, 2009 8:10 pm

Re: Boundary issue

Postby arsie » Wed Jun 12, 2013 12:58 pm

As kipper says.

And he cannot oblige you to make the boundary fence dog proof. He must make his own provision.
arsie
 
Posts: 1955
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: Boundary issue

Postby Chris0706 » Wed Jun 12, 2013 1:24 pm

Thanks for your help :D
Chris0706
 
Posts: 31
Joined: Tue Jun 11, 2013 3:39 pm

Re: Boundary issue

Postby arborlad » Wed Jun 12, 2013 11:36 pm

Chris0706 wrote: What I am confused about is where the actual boundary is, !!!!!


arborlad wrote:
Chris0706 wrote:What I would like to know is where is the actual boundary,.


If the neighbour is right and the fence is wholly owned by you, then this is correct: 'the posts will be entirely in my garden and his boundary line is the face of the concrete post closest to him.', only if the fence is shared will this be correct: ' I assumed it was on the wire in the middle of the posts'


Having two fences is never a good idea and invariably leads to the sort of confusion your experiencing. If you are going to reinstate the wire it would be better done on the boundary face of the post, stirrup wires can be used for this.

Don't confuse dog ownership with land ownership, a dog owner is only obligated to have his dog under full control at all times - this doesn't equate to having a dog-proof boundary.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Boundary issue

Postby Chris0706 » Thu Jun 13, 2013 1:04 pm

Thank you, next post will be 'Neighbour's dog fouling my garden' I suspect :)
Chris0706
 
Posts: 31
Joined: Tue Jun 11, 2013 3:39 pm

Re: Boundary issue

Postby hzatph » Mon Jun 17, 2013 11:59 am

Lets draw a distinction between saying that the boundary structure is yours (in which case the outer face is the boundary) and whether the fence straddles the boundary but you are responsible for its maintenance costs and ownership is not determined. I rather think it is the latter and that the boundary is where the wire is.

In either event, you are probably under no obligation to maintain the fence and if all you want to do is to replace the wire then just do that.
hzatph
 
Posts: 2461
Joined: Tue Apr 12, 2005 9:37 am

Re: Boundary issue

Postby Chris0706 » Mon Jun 17, 2013 12:18 pm

That makes sense, anyway all quiet at the moment, and if my neighbours take out the posts and put up a fence it's two inches of garden we are talking about, not worth getting upset over.
Chris0706
 
Posts: 31
Joined: Tue Jun 11, 2013 3:39 pm

Re: Boundary issue

Postby despair » Mon Jun 17, 2013 5:32 pm

Be sure to remind your neighbour that Dog owners have the full responsibility to retain their dogs and if their dog strays into your garden and gets out onto the road its his problem not yours
despair
 
Posts: 16040
Joined: Mon Mar 14, 2005 8:07 am

Re: Boundary issue

Postby arborlad » Tue Jun 18, 2013 6:54 pm

Chris0706 wrote:....... the fence is my responsibility, the T is on my side.


In this context, ownership and responsibility are generally one and the same.

You would do well to verify this by viewing your own deeds, but in the absence of anything to the contrary, the fence is wholly yours and wholly on your land, making the boundary the face furthest from you. Having the boundary anywhere other than the outer face, would either mean the boundary is shared - there is no evidence of that, the fence is owned by the neighbour - there is no evidence of that, or half the width of the fence post is trespassing on your neighbours land - there is no evidence of that.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Next

Return to Fences

Who is online

Users browsing this forum: Google Adsense [Bot] and 3 guests