Double fence line

Re: Replacing fence with wall

Postby arborlad » Tue Jun 28, 2016 9:36 am

Best continued here:

Fig Roll wrote:Evening

I posted a while ago about the party fence between myself and our adjoining neighbour. In my previous post I assumed it was a joint 'party' fence owned by both properties due to its layout. I have checked our deeds and it does refer to party fences being jointly maintained.

Essentially I would like to replace with a new fence on the same line as the present fence is on its last legs (about 30 yrs old) as part of a long overdue garden make over. I had a minor disagreement with my neighbour who wanted to replace it with a wall. This ended with toys out of the pram and him confirming and no work allowed. He had planned all works and access via our garden so as not to disturb his own garden which I was ok with, up to a point.

Fast forward to today when I decided to broach the subject of renewal and he again refuses to discuss any kind of replacement. So I confirmed I would install a new fence just on our side of the old fence. He advised he was ok with this. I am happy to buy and install a new fence and not overly worried of a small amount of lost garden. My worry is there will be two parallel fences in situ which I understand from reading on here this is a bad idea.

What are the obvious problems from doing this please? I think the boundary doesn't change as such just the boundary
feature, so does this present any immediate and longer term issues?




You would immediately lose control over some land and any control over what remains on that land.

It would also make it difficult for yourself or future owners if they wished to develop to the fullest extent of their land - extension, conservatory, etc.
arborlad

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Re: Replacing fence with wall

Postby COGGY » Tue Jun 28, 2016 11:53 am

Hi

Could you put up on the fence (but not damaging it) a big notice showing the date and stating that this is a shared fence, which denotes the extend of your land. Then take lots of photos, providing the neighbour with a copy. Then take down the notice (or leave) and erect your new fence, putting a big notice on it stating that this is your fence, the date and the fact that the fence has been erected for the security of your children. Take lots of photos and then make a note, which is dated, signed and witnessed, stating that as the neighbour does not wish to replace the jointly owned fence you have erected a fence to secure the safety of your children. No reasonable person could disagree, in my opinion, with anyone securing the safety of their children in their own garden. Perhaps attach a photo of your son and short description of his difficulties. There is an old saying "An English man's home is his Castle". Not forgetting to take down the notice when you have your photos. :D

It seems perfectly reasonable to me that you wish to make a secure area for your son which can only help his development.

Kind regards
Coggy
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Re: Double fence line

Postby arborlad » Wed Jun 29, 2016 8:07 am

Collaborate wrote: Make sure that it is clear to your neighbour that you will never agree to the fence in shared ownership, or its posts, being removed.



Given that the fence in question is a 30 year old panel fence which usually have a lifespan of 10 years, that's going to be near impossible to enforce.
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Re: Double fence line

Postby Fig Roll » Wed Jun 29, 2016 6:47 pm

Thank for merging this with my previous post.

Also thanks for the replies. I think I will proceed with a fence on our side tight up to the existing. I would rather not but as there appears to be no room for any discussion I have little choice. The more time I procrastinate the less time there is to use the garden. It's more important that the family can use the garden safely.

Loss of land will be minimal and something I am prepared to give up for a way forward.

I will take a series of photos before and during. I may even send them a letter stating my intent and confirming it will remain my fence. Any previous discussions I have had he simply states he didn't know what I meant etc etc.

The current fence is on its last legs and I am at a loss as to how it remains standing. The rails on the panels are rotted through so it's only the lap bit holding it up. At least two of the posts don't connect with the foundations and there is any amount of patching up taking place. On more than one occasion I have offered to dig out and tip the existing fence and replace with a concrete post and infill panel fence. I erected one along my other boundary so he can assess my suitability in erecting a fence. All at zero cost to him. Each time refused as the current fence is "as good as when me and Dave installed 25 years ago"

Cheers

Fig Roll
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Re: Double fence line

Postby despair » Wed Jun 29, 2016 8:12 pm

Make very very sure that you put everything clearly in writing inc the law that

they cannot

12) paint or stain your fence
2) attach anything whatever to it
3) grow climbers or ivy etc up it
4) pile soil against it or lean anything against it
5) allow balls etc to be thrown or hit at it

any damage done should they ignore the above becomes their full financial responsibility
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Re: Double fence line

Postby mr sheen » Wed Jun 29, 2016 8:32 pm

The above approach could inflame things unnecessarily and may make you look pedantic and aggressive. Enforcing these demands may well prove difficult too.

As you suggest Fig Roll, a nice polite amiable letter confirming that it will remain your fence is likely to be more acceptable and will hopefully keep the peace.
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