Fencing issue

Fencing issue

Postby mazowe » Sun Aug 02, 2015 1:23 pm

Our estate was built about 20 years ago and we are in one row of houses and back onto another row of houses behind. It looks like the builders have put up a fence between the rows on the boundary - concrete pillars and base with timber panels. However, for the division of the gardens along each row, the boundary does not tally with the concrete pillars. We have checked our title deeds and we have responsibility for all of our fencing.

The houses on our row have all been given conventional square or oblong-shaped gardens, but the row behind that adjoin the rear fences are all odd shapes - triangles, squares, oblongs, so for all of our fencing, we end up with seven neighbours

We want to change fencing on the long side and on the rear of the property - it is a different type of fence to what is currently there, thus the supports will be different to what is already there. On the corner where the rear fence meets the long side, (where four garden meet), there is a separate post for each of the three fences, so no issue.

However, on the other corner, there is a hiccup. The supporting concrete pillar is one plank's width away from the corner on our side of the boundary. Thus to erect a new fence, this pillar would be removed - and the one plank from that panel - and the new fence for us joined to our side fence. However, this leaves the panel for next door's part of their back fence with no supporting pillar.

Do we have any responsibility for securing/stabilising the rest of the fence panel that goes beyond our property boundary?There is no dispute over the actual boundaries - just over this one fence panel that will be affected and who has responsibility for the panel outside of our boundary. That panel forms part of the fence that is the responsibility of our next-door neighbour and would affect three gardens, as he has two neighbours behind him at the rear.
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Re: Fencing issue

Postby span » Sun Aug 02, 2015 4:48 pm

If it aint broke, and you're going to break it, I'd be looking at you to fix it.
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Re: Fencing issue

Postby Collaborate » Sun Aug 02, 2015 5:23 pm

What do you mean by

We have checked our title deeds and we have responsibility for all of our fencing.


If by that you mean you own the fence you can do what you want (subject to what any covenants say), but you must secure the fence on the boundary that is not yours, and that means paying to have the panel reduced in size and attached to a suitable post. Being responsible for something doesn't equate necessarily with ownership. Therefore if it's a party fence you cannot do anything to change it other than replace like for like unless you have the consent of your neighbours.
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Re: Fencing issue

Postby mazowe » Mon Aug 03, 2015 3:43 pm

Thanks for responses.

I haven't said what state the fence is in - you seem to be just assuming that it ain't broke. There are large gaps in the panels in the rear fence where panels have come loose and are over each other, rather than side by side - not easy to rectify as its behind a garden shed. On the long side, there are broken and loose panels and and some of the neighbours have dogs and/or children, they will want a secure fence too.

Also, according to the title deeds plan we have, none of the fencing is party fencing - for each property, there is only a T marking on one side - no H markings. For all the fencing that surrounds our property, the T is on our side of the boundary.

We have notified all our neighbours and they are happy for the replacement fence to go in - there was just the query on the responsibility of cost of securing that one panel for next door
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Re: Fencing issue

Postby mr sheen » Mon Aug 03, 2015 4:41 pm

Basically...he who wants a fence (or fence panel), pays for it. There is no obligation to have a fence or repair a fence. You can fence all round your property, subject to restrictions on deeds or in planning consent. If you want to fence it, you can but you have to pay and you must stay within the boundary. You cannot remove any existing features and leave panels unsupported but you can add your own structures and features within your boundary.
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Re: Fencing issue

Postby Collaborate » Mon Aug 03, 2015 5:02 pm

Isn't the obvious solution that you replace up to the pillar, but leave the whole of the panel beyond that untouched (including your one plank)?

If it's behind your shed, why do you care about how this looks?
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Re: Fencing issue

Postby arborlad » Mon Aug 03, 2015 5:50 pm

mazowe wrote: However, for the division of the gardens along each row, the boundary does not tally with the concrete pillars.


It wont do, it's one of the great disadvantages of the ubiquitous panel fence, you're stuck with 6' between posts, boundaries don't come in convenient 6' multiples.


However, on the other corner, there is a hiccup. The supporting concrete pillar is one plank's width away from the corner on our side of the boundary. Thus to erect a new fence, this pillar would be removed - and the one plank from that panel - and the new fence for us joined to our side fence. However, this leaves the panel for next door's part of their back fence with no supporting pillar.



Not sure what you mean by 'one plank's width', is it a featheredge panel?

A twenty year old panel fence is at least ten years past its best, try to do anything with an old panel it'll just disintegrate - donate a new panel to the neighbour along with whatever is necessary to resolve the situation, if you've got seven neighbours who are all happy with your proposal, don't spoil it for the cost of a panel.
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Re: Fencing issue

Postby arborlad » Wed Aug 05, 2015 11:03 am

Collaborate wrote:If it's behind your shed, why do you care about how this looks?



This is the very area where it needs to be at its most correct, out of sight out of mind, mind be correct for for a compost bin, but not a boundary feature.
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Re: Fencing issue

Postby Collaborate » Wed Aug 05, 2015 1:11 pm

arborlad wrote:
Collaborate wrote:If it's behind your shed, why do you care about how this looks?



This is the very area where it needs to be at its most correct, out of sight out of mind, mind be correct for for a compost bin, but not a boundary feature.


The adjective "correct" when applied to a fence can only mean where it is positioned. It cannot have any bearing on what it looks like.
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Re: Fencing issue

Postby arborlad » Wed Sep 02, 2015 3:44 pm

Collaborate wrote:Isn't the obvious solution that you replace up to the pillar, but leave the whole of the panel beyond that untouched (including your one plank)?

If it's behind your shed, why do you care about how this looks?



That would mean that the whole of the OPs fence is new, apart from one small part of a twenty year old panel - not a good idea.
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