Is it the neighbour's boundary fence?

Is it the neighbour's boundary fence?

Postby Beth3 » Wed Jul 01, 2015 9:14 pm

Hi All
my Son lives in a semi detached house, about 12 Months ago his neighbour informed him that he will be erecting concrete pillars and sliding in wood panels to replace the chain link fence boundary, he also said that the boundary was his responsibility as per deeds, this week he has started the work, my Son asked that when the work was finished if he could stipple and paint the concrete "Kicker" boards facing his house as they are Gray and not very nice, also stain the panels to match the existing colour of the two other panel'd boundary fences, he made excuses and said no, Yesterday I found out through the land registry documents that the above boundary is a shared one, what is the legality of erecting the fence, who owns the fence and is my son allowed to "touch" his side, I did tell the Neighbour about the "Notice" to erect, his reply was that he had informed verbally last year, had my Son known the situation as it is now he would of tried to compromise on the details, he has peas and trees supported on the existing fence, (There are some panels) according to the neighbour, "Technically" we would not be allowed to have trestles etc. on "his" fence, help, please.
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Re: Is it the neighbour's boundary fence?

Postby MacadamB53 » Wed Jul 01, 2015 9:39 pm

Hi Beth,

Yesterday I found out through the land registry documents that the above boundary is a shared one

you'd best elaborate - far too many folk get this bit wrong.

Kind regards, Mac
PS you've created two identical threads - you can delete one within the hour or else drop a message to admin to do it for you
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Re: Is it the neighbour's boundary fence?

Postby mr sheen » Wed Jul 01, 2015 9:59 pm

Either neighbour can put up a fence. The person that pays for it and erects it, owns it. Just as you wouldn't paint your neighbours house if you didn't like the colour of it, you shouldn't paint his fence either.
References to fences etc in deeds are difficult, if not impossible, to enforce and you would waste your time trying to suggest that the neighbour shouldn't have put the fence up.. Rather you should be grateful that he has done so solely at his expense since often neighbours try to recoup some of the cost from neighbours albeit usually unsuccessfully unless it had been agreed beforehand.
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Re: Is it the neighbour's boundary fence?

Postby Beth3 » Wed Jul 01, 2015 10:28 pm

mr sheen
Thanks for the reply, there was no reason to change the fence but since he said that he was responsible for that part of the boundary then he could do as he pleases, my Son thought that you where legally obliged to inform your neighbour in writing and send back written confirmation, can my Son inform him that he will be replacing the fence next year with his own, is it that simple?
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Re: Is it the neighbour's boundary fence?

Postby MacadamB53 » Wed Jul 01, 2015 10:44 pm

Hi Beth,

can my Son inform him that he will be replacing the fence next year with his own, is it that simple?

no he can't - it's not his fence to replace.

the fact is your son did not know who owned the previous fence - you mention he now thinks it was shared but I'd like to know how he came to this conclusion. (see my previous posting....)

Kind regards, Mac
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Re: Is it the neighbour's boundary fence?

Postby mr sheen » Wed Jul 01, 2015 10:48 pm

Your son cannot touch his fence and cannot replace it without his express consent. Presumably your son didn't pay for and erect the chain link fence otherwise you would have said this immediately since you could have claimed he owned it.
The neighbour owns the new fence wholly. if you remove it, he can claim back all his costs from you and it may well be considered criminal damage and he could call the police.
If your son wants his own fence, he can erect it up against the neighbours fence, if he pays for it and erects it, it will be wholly owned by him and if he keeps all receipts he will be able to prove ownership in the future. However if you choose this route, you need to be aware that this can cause boundary disputes in the future since the neighbour can then Remove his fence and then the boundary becomes your son's fence and people then argue the few inches that the fence has been moved.

Most people would be happy that the neighbour has erected a superior type fence and paid for it all....sit back and enjoy and savour the bank balance.
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Re: Is it the neighbour's boundary fence?

Postby MacadamB53 » Wed Jul 01, 2015 10:58 pm

However if you choose this route, you need to be aware that this can cause boundary disputes in the future...
not to mention all the potential challenges it would create - eg. water and debris trap.
Most people would be happy that the neighbour has erected a superior type fence and paid for it all....sit back and enjoy and savour the bank balance.
+1
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Re: Is it the neighbour's boundary fence?

Postby arborlad » Thu Jul 02, 2015 9:09 am

Beth3 wrote:Hi All
my Son lives in a semi detached house,.



Does he own it, is it an ex council house?
arborlad

smile...it confuses people
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Re: Is it the neighbour's boundary fence?

Postby Beth3 » Thu Jul 02, 2015 12:57 pm

Hi All
Thanks for the reply's and advice, I have posted two reply's but obviously failed to get through.
Thanks again.
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Re: Is it the neighbour's boundary fence?

Postby MacadamB53 » Thu Jul 02, 2015 2:27 pm

Hi Beth,

did you pepper those replies with profanities or extreme views or something? only joking :D

give it another go - the last attempt worked after all...

Kind regards, Mac
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Re: Is it the neighbour's boundary fence?

Postby Beth3 » Thu Jul 02, 2015 5:33 pm

Mac
The Document with ref to the boundary was in the "Property Information Form", signed by the Vendor, it states that the back, left and right boundary's are shared and the front is the responsibility of the seller, 2/3 of the new fence will be behind Son's shed and 3 panels, (which he will now keep) which is app.10ins this side of the boundary, he can stain his 3 panels the same as the rest of the back garden fence and grow his plants with supports, the only problem was that 4 concrete kickers near the front of the house was gray and rough and he wanted to paint them in magnolia the same colour as the house's exterior, if that's unreasonable, fair enough, this is why I visited this Forum, for advice, I have been given advice and help and I thank you all for that
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Re: Is it the neighbour's boundary fence?

Postby Collaborate » Thu Jul 02, 2015 6:06 pm

Beth3 wrote:Mac
The Document with ref to the boundary was in the "Property Information Form", signed by the Vendor, it states that the back, left and right boundary's are shared and the front is the responsibility of the seller, 2/3 of the new fence will be behind Son's shed and 3 panels, (which he will now keep) which is app.10ins this side of the boundary, he can stain his 3 panels the same as the rest of the back garden fence and grow his plants with supports, the only problem was that 4 concrete kickers near the front of the house was gray and rough and he wanted to paint them in magnolia the same colour as the house's exterior, if that's unreasonable, fair enough, this is why I visited this Forum, for advice, I have been given advice and help and I thank you all for that


The PIF tells you what the sellers wanted you to think. You'll need to look at the deeds to know whether they were telling you the truth or not. Your son needs to look at the office copies he'll have been given by his solicitor. If he hasn't got them he can get up to date ones from the land registry.
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