i buy, but whose fence

i buy, but whose fence

Postby sandwich1 » Mon Jun 13, 2016 12:11 pm

Hi I just need to clarify what are my rights here regarding our border fence.
My neighbour and myself ,many years ago , erected fence posts and panels , straight down the middle of our border , both parties paying costs 50 -50.
However the panels over the years deteriorated ,and needed renewing. My neighbour said that he wasnt going to pay for new ones, so i paid for new kickboards and new TREATED panels for the border of our properties. I came home from work one day to find that our side of the fence panels were inundated with red paint runs, our neigbour had painted his side of the new panels in the horrible cedar red. Last week after returning from a weekend break , there was bodged trelliswork a couple of foot higher than the fence , screwed to my neighbours side of the panels, running the length of the border.
i would like to know, that even though the fence runs straight down the border of the two properties, does he have a legal right to do this as he didnt pay for this fence, and is the fence deemed as being mine , as i paid for it. Thanks , mickf
sandwich1
 
Posts: 7
Joined: Sun Jun 12, 2016 4:42 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: i buy, but whose fence

Postby despair » Mon Jun 13, 2016 12:25 pm

tricky this one because effectively it may still be a shared fence although I totally agree you paid for the panels

One thing is very sure your neighbiour has absolutely no right to do anything whatever to a "shared " fence without your agreement and vica versa

How do the deeds designate the fence originally ...........that is whats vital because if its originally your responsibility then your neighbour is bang out of order and you can insist on removal of all attachments and rectification of that truly awful red cedar paint rubbish

Fences should be correctly treated with shed and fence preserver not those awful fence paints

So if its clearly your fence and of course you can prove you paid for the panels you can sue your neighbour in Small Claims Court for cost of replacement panels

check your deeds or download copies of yours and your neighbours for £5 each from www.landregistry.gov.uk
despair
 
Posts: 16043
Joined: Mon Mar 14, 2005 8:07 am

Re: i buy, but whose fence

Postby sandwich1 » Mon Jun 13, 2016 12:47 pm

Not sure if this is relevent , but my deeds say this , It is hereby agreedand declared by and between the parties here that a ) the walls and fence dividing the premises from the adjoining land, comprised in the estate are party walls and fences and maintainable and repairable as such. So what does "party walls and fences" mean , who owns the fence, the person who pays for it ?? Thanks , mickf
sandwich1
 
Posts: 7
Joined: Sun Jun 12, 2016 4:42 pm

Re: i buy, but whose fence

Postby MacadamB53 » Mon Jun 13, 2016 1:22 pm

Hi mick,

if the fence you paid for was erected half on his land it's half his fence and he has done you no wrong.

Kind regards, Mac
MacadamB53
 
Posts: 6033
Joined: Mon Dec 10, 2012 12:13 am

Re: i buy, but whose fence

Postby despair » Mon Jun 13, 2016 7:09 pm

Party ..............means SHARED so technically he should pay half the cost and all decisions should be agreed

To slap that awful red cedar stuff on it and add trellis is hardly a reasonable thing to do no matter what and certainly would cause a major fall out with most neighbours
despair
 
Posts: 16043
Joined: Mon Mar 14, 2005 8:07 am

Re: i buy, but whose fence

Postby Collaborate » Mon Jun 13, 2016 10:47 pm

MacadamB53 wrote:Hi mick,

if the fence you paid for was erected half on his land it's half his fence and he has done you no wrong.

Kind regards, Mac


I think the neighbour has done a wrong, clearly. He has trespassed on to nick's side of the fence with his paint.
Collaborate
 
Posts: 1124
Joined: Mon Feb 23, 2015 10:17 am

Re: i buy, but whose fence

Postby despair » Tue Jun 14, 2016 2:39 pm

It would be interesting to see what a judge would say if you filed a claim for costs of replacement panels
despair
 
Posts: 16043
Joined: Mon Mar 14, 2005 8:07 am

Re: i buy, but whose fence

Postby sandwich1 » Wed Jun 15, 2016 12:49 pm

Hi, i thought that as i paid for the fence , i was the owner . However as it is a party fence (even though i paid for it) ,going down the centre of the properties border, does he have a right to do whatever he wants to his side of his fence.
This is why i have posted and need to be clear of all the legalities before i face this obnoxious neighbour. He is a person who thinks he knows every law in the land , he bodges jobs (even the trellis he has erected to his side of the fence is made from different sizes of scrap wood) and paints everything cedar b****y red. Thank you . Mickf
sandwich1
 
Posts: 7
Joined: Sun Jun 12, 2016 4:42 pm

Re: i buy, but whose fence

Postby despair » Wed Jun 15, 2016 1:12 pm

IMHO

you paid for the panels so yes you own them

and in your shoes I would simply remove the panels
return all his attachments
and let him stew

its possible he could try and claim you removed panels that he half paid for but if they were falling apart and you can show photos of that situation I don't think a judge would uphold his claim ...............you gave him the opportunity to pay half for new ones and he declined

Shared means ............SHARED DECISIONS not him unilaterally painting everything red and adding "crap " wrecking something he knows full well you paid for

if he wanted a red trellis he should have installed his own trellis panels on his own posts
despair
 
Posts: 16043
Joined: Mon Mar 14, 2005 8:07 am

Re: i buy, but whose fence

Postby sandwich1 » Wed Jun 15, 2016 2:24 pm

Hi again can i just add , he has screwed wooden posts to the fence panels ( his side) that go 18inches higher than the panel, then to these posts hes fixed 18 inch , scraps of wood supposedly being trells. SO all the posts and trellis are actually fixed to his side of the fence , and not down the middle (HIS SIDE BY AN INCH OR SO ). Someone has posted that as it is a party wall and everything is on his side of the fence , i can do nothing , no matter who has paid for the fence. Have to bite my lip , and stay civil, ( FOR NOW), as wife says. Thanks guys mickf
sandwich1
 
Posts: 7
Joined: Sun Jun 12, 2016 4:42 pm

Re: i buy, but whose fence

Postby sandwich1 » Wed Jun 15, 2016 2:57 pm

Just posted what it says in my deeds , see post 3
sandwich1
 
Posts: 7
Joined: Sun Jun 12, 2016 4:42 pm

Re: i buy, but whose fence

Postby despair » Wed Jun 15, 2016 5:48 pm

If your neighbour wanted trellis panels he should have attached posts to the original jointly owned and paid for fence posts NOT to your panels since
Panels are simply not made to take that kind of attachment or strain as any fencing company or supplier will tell you

Thus as soon as a weight of honeysuckle etc is on his bodged trellis and winter winds come the stress of that will break your panels

So you need to ask him if he would like you to attach stuff to his car or slap paint on it .

Yes its a party fence but he declined to share cost of replacing worn out panels when you correctly paid him the courtesy of discussing the issue
He did not discuss his ideas/plans with you instead just went ahead and has damaged your panels,slapped red cedar on them and wrecked your side

So you need to face the issue and sort it

Best way to teach such people a lesson is actions speak louder than words
Remove the panels and return his attachments
despair
 
Posts: 16043
Joined: Mon Mar 14, 2005 8:07 am

Re: i buy, but whose fence

Postby sandwich1 » Wed Jun 15, 2016 6:23 pm

NO this is private housing .
sandwich1
 
Posts: 7
Joined: Sun Jun 12, 2016 4:42 pm

Re: i buy, but whose fence

Postby arborlad » Wed Jun 15, 2016 7:47 pm

sandwich1 wrote:Hi I just need to clarify what are my rights here regarding our border fence.
My neighbour and myself ,many years ago , erected fence posts and panels , straight down the middle of our border , both parties paying costs 50 -50.
However the panels over the years deteriorated ,and needed renewing. My neighbour said that he wasnt going to pay for new ones, so i paid for new kickboards and new TREATED panels for the border of our properties. I came home from work one day to find that our side of the fence panels were inundated with red paint runs, our neigbour had painted his side of the new panels in the horrible cedar red. Last week after returning from a weekend break , there was bodged trelliswork a couple of foot higher than the fence , screwed to my neighbours side of the panels, running the length of the border.
i would like to know, that even though the fence runs straight down the border of the two properties, does he have a legal right to do this as he didnt pay for this fence, and is the fence deemed as being mine , as i paid for it. Thanks , mickf



Firstly, shared/party fences are never a good idea, wholly owned by one known individual is always preferable.

Abut or astride are better terms to describe how a fence relates to the (known) boundary.

How old are the properties and what type, terraced, semi-detached, etc.?

How does the fence line up with something of known ownership?

What type of posts, timber or concrete slotted?
arborlad

smile...it confuses people
arborlad
 
Posts: 7386
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: i buy, but whose fence

Postby jonahinoz » Wed Jun 15, 2016 10:43 pm

Hi,

My understanding, and I'm happy to be corrected, is that if you buy a fence post, it is your fence post ... right up until the time that you plant it in your neighbour's garden, at which time it becomes part of your neighbours property. ???

Shared ownership is something I have difficulty getting my head around. Do you each own half the thickness, and are entitled to have your neighbour support your half, and vice versa? Or, as an owner, can you do what you like, and your neighbour can do what he likes two minutes later? Hmm! You remove your half thickness, and your neighbour can slap red cedar stain over your side of the half that is left, cos it's his. Or must you call a special meeting to vote on what should be done to all the fence, and as you have equal voting rights ..... My brain hurts.

Can anybody spell out exactly what shared ownership means, in words of one syllable? Pretty please!

Personally, I would rather erect my own fence, on my side of the boundary, and lose four inches. But if my garden was only ten feet wide, I might feel differently.

Good fences make good neighbours.

John W
jonahinoz
 
Posts: 1346
Joined: Fri Aug 05, 2011 5:15 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.
 
Next

Return to Fences

Who is online

Users browsing this forum: No registered users and 9 guests