Party Garden Fence.

Party Garden Fence.

Postby libbo2003 » Mon Mar 07, 2016 2:05 pm

Can someone please clarify what is a party garden fence?? When i bought my house the previous seller provided the information that the garden boundary fence to my right looking out of the house was mine. My awkward horrible new neigbour claims that fence is a party garden fence and he can do what he likes to the fence. but then claims i should replace a broken fence panel on it? I am thinking of getting a copy of the deeds from the land registry but was wondering if it will shed any light on this, the house is early 19th century London terrace. How trivial but annoying is this petty awkward little c**t making my life.
thanks for any help.
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Re: Party Garden Fence.

Postby MacadamB53 » Mon Mar 07, 2016 2:35 pm

Hi libbo,

a party fence is a fence which runs along a boundary and straddles the boundary so that some of it sits on one side of the boundary and some on the other side.

more often than not, this will be where the fence straddles the boundary so that some of its thickness (not necessarily half) sits either side of the boundary for its entire length.

hope that makes sense...

if this is a party fence (and the register may or may not shed light on this, but at just £12 for a copy of the register and title plan for your property and his (£3 per doc) it's worth checking) then your neighbour is confused because he cannot deal with it as he pleases in every regard - sometimes it must involve your agreement.

for example, if he were to replace part of the fence then, unless it was like-for-like, he'd need to ask you.

as for ordering you to replace a panel, unless the circumstances are exceptional (and I am sure they are not), you are not legally obliged to comply.

Kind regards, Mac
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Re: Party Garden Fence.

Postby libbo2003 » Mon Mar 07, 2016 2:43 pm

MacadamB53 wrote:Hi libbo,

a party fence is a fence which runs along a boundary and straddles the boundary so that some of it sits on one side of the boundary and some on the other side.

more often than not, this will be where the fence straddles the boundary so that some of its thickness (not necessarily half) sits either side of the boundary for its entire length.

hope that makes sense...

if this is a party fence (and the register may or may not shed light on this, but at just £12 for a copy of the register and title plan for your property and his (£3 per doc) it's worth checking) then your neighbour is confused because he cannot deal with it as he pleases in every regard - sometimes it must involve your agreement.

for example, if he were to replace part of the fence then, unless it was like-for-like, he'd need to ask you.

as for ordering you to replace a panel, unless the circumstances are exceptional (and I am sure they are not), you are not legally obliged to comply.
thank you for the help, which brings me on to the second question if the fence is my responsibility like my seller has put in the sellers pack, can that be a party garden fence too?

Kind regards, Mac
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Re: Party Garden Fence.

Postby libbo2003 » Mon Mar 07, 2016 3:00 pm

nothingtodowithme wrote:There will be mention of boundaries in the seller's property information form(spif)
May give information on the fence in question :)

it clearly states the right fence in question is my boundary fence. which my neighbour acknowledges, but he also claims it is also a Party garden fence??
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Re: Party Garden Fence.

Postby span » Mon Mar 07, 2016 3:13 pm

libbo2003 wrote:
nothingtodowithme wrote:There will be mention of boundaries in the seller's property information form(spif)
May give information on the fence in question :)

it clearly states the right fence in question is my boundary fence. which my neighbour acknowledges, but he also claims it is also a Party garden fence??


Have you read up on the Party Wall Act, libbo? I misremember which particular Section of it is relevant to your situation. The one about fences/garden wall, w'ev.
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Re: Party Garden Fence.

Postby Collaborate » Mon Mar 07, 2016 3:15 pm

The PWA doesn't deal with fences.

They can't make you repair or replace it.

Neither of you can alter the look of the fence (make higher, or lower) without the others consent.
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Re: Party Garden Fence.

Postby MacadamB53 » Mon Mar 07, 2016 3:21 pm

Hi libbo,

it is not possible for the fence to be both yours and a party fence, so either your seller misrepresented or your neighbour is incorrect.

the info from the seller on the SPIF does not constitute evidence of what he sold but rather what he claims to have sold - if it later transpires that the two are not the same he can be sued.

dont concern yourself with the PWA - it specifically excludes fences from its remit.

if the HMLR entries for both properties don't shed any light on the matter, or you need their content explaining, just come back here and ask on this thread.

Kind regards, Mac
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