Lack of fence but not on boundary

Lack of fence but not on boundary

Postby TwoAndTwo » Sat Jun 20, 2015 9:55 pm

We are the middle of five terraces and a shared passage way runs down one side of our house, underneath it. All five have access along it and then turn right or left to their own property. Land Registry show that the boundary runs down the middle of the passage.

Our neighbour removed her fence, for easier access during her building works. She hoped to extend the maximum of 6m under the special permitted development rights active till May 2016, but it was refused.

Because the boundary is in the centre of the passage way, her fence (or lack of it) is firmly on her land. However, because there is no fence, and she is on higher ground, we lack privacy at our rear, the passage is used as an extension of her garden (by workmen and her children) and things are less secure and less private for us.

Is there any way we can make her re-erect a fence?
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Re: Lack of fence but not on boundary

Postby MacadamB53 » Sat Jun 20, 2015 10:48 pm

Hi Two,

Is there any way we can make her re-erect a fence?

no there isn't.

Kind regards, Mac
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Re: Lack of fence but not on boundary

Postby TwoAndTwo » Sat Jun 20, 2015 11:01 pm

Nothing at all we can do?
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Re: Lack of fence but not on boundary

Postby TwoAndTwo » Sat Jun 20, 2015 11:04 pm

We have to go down the passage way to access the bottom 2/3 of our garden (it is divided because of the right of access to neighbours to our right). We are concerned that, without a fence, the passage will become part of her garden de facto, causing problems when we come to sell.
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Re: Lack of fence but not on boundary

Postby MacadamB53 » Sat Jun 20, 2015 11:40 pm

Hi Two,

put your own fence up on your land.

Kind regards, Mac
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Re: Lack of fence but not on boundary

Postby arborlad » Sat Jun 20, 2015 11:54 pm

TwoAndTwo wrote:Is there any way we can make her re-erect a fence?



There's always options.

Nothing should be stored or placed so that it blocks the right of way.

Has the fence been removed to make building works easier, are they now finished?

You could donate a fence to the neighbour.
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Re: Lack of fence but not on boundary

Postby MacadamB53 » Sun Jun 21, 2015 12:02 am

Hi arborlad,
arborlad wrote:
TwoAndTwo wrote:Is there any way we can make her re-erect a fence?



There's always options.

Nothing should be stored or placed so that it blocks the right of way.

Has the fence been removed to make building works easier, are they now finished?

You could donate a fence to the neighbour.
the OP asked a very specific question - which you quoted.

as far as 'making' the neighbour erect themselves a new fence you know there are no options.

Kind regards, Mac
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Re: Lack of fence but not on boundary

Postby arborlad » Mon Jun 22, 2015 11:54 am

TwoAndTwo wrote:We have to go down the passage way to access the bottom 2/3 of our garden (it is divided because of the right of access to neighbours to our right).



Can you clarify, do you have to pass through a gate in your own fence to do this?
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Re: Lack of fence but not on boundary

Postby COGGY » Mon Jun 22, 2015 12:34 pm

Hi
What happens when you get to the end of the passageway? Is there any fence after that? If not would it be possible to erect a fence in line with the middle of the passage way, after allowing sufficient room for you and your neighbours both to get into your gardens? It could just be a chain link fence with tall shrubs planted to give privacy. You could then have a diagonal gate from the corner of your house to the start of the fence, which would mark out your garden. As long as the passageway is clear there should be no problem. If your neighbour is unwilling to erect a fence then you either do without or put one up yourself.

Kind regards
Coggy
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Re: Lack of fence but not on boundary

Postby arborlad » Mon Jun 22, 2015 3:39 pm

COGGY wrote:.......... erect a fence in line with the middle of the passage way,
Kind regards
Coggy



From the description, this would obstruct the right of way.
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Re: Lack of fence but not on boundary

Postby Collaborate » Mon Jun 22, 2015 4:22 pm

You can always paint a line marking the boundary (if you're worried about neighbour taking it over as their garden).
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Re: Lack of fence but not on boundary

Postby arborlad » Mon Jun 22, 2015 5:48 pm

MacadamB53 wrote:............ you know there are no options.


Lest there be any misunderstanding - there are always options.
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Re: Lack of fence but not on boundary

Postby MacadamB53 » Mon Jun 22, 2015 8:05 pm

Hi arborlad,
arborlad wrote:
MacadamB53 wrote:............ you know there are no options.


Lest there be any misunderstanding - there are always options.
love the quote (wonder why arsie doesn't get more vocal about this kinda stuff rather than my alleged 'misquotes', but hey...)

you are right, of course, there are always options - and those options should be explored.

the OP asked if forcing the neighbour to erect a fence was an option - which it is not.

Kind regards, Mac
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Re: Lack of fence but not on boundary

Postby arsie » Tue Jun 23, 2015 3:46 pm

Your problem, Mac, as it was your words being (part) quoted - and you have corrected arborlad.
I only felt the need to add this because you decided to drag my name into it - just in case you or anyone else wonders why :roll:
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Re: Lack of fence but not on boundary

Postby arborlad » Tue Jun 23, 2015 4:39 pm

MacadamB53 wrote:
the OP asked if forcing the neighbour to erect a fence was an option - which it is not.

Kind regards, Mac



Changing words to suit your own agenda does you no credit.

The objective of the OP is to have a new fence to replace the removed one, donating a fence to the neighbour would achieve that objective.
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