Fence boundary question

Fence boundary question

Postby linxit » Tue Mar 14, 2017 1:02 am

My neighbour's rear fence was blown over in the high winds a couple of weeks ago, and he had it replaced with a much sturdier one with concrete posts. To make it uniform he now wants to do the same with the border fence between our properties. I'm inclined to be happy to let him (he's paying, after all), we're on good terms and have been neighbours for about 10 years, but I see a possible problem.

The development we live on was built in 1997-98, but not all at the same time. My house was the last one in "Phase 1" and his was the first in "Phase 2", so I have a 6ft fence on my side, and 3 inches away from it he has his own fence of the same height. The fences have been there since the houses were built. On the Land Registry map that came with my deeds the road ends at my house with a blank "Access to possible future developments" where the rest of the road now is. In the circumstances are we both responsible for our own side of the boundary, and will it affect the deeds if I let him pull down both fences and replace them with one new one?
linxit
 
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Re: Fence boundary question

Postby MacadamB53 » Tue Mar 14, 2017 2:05 am

Hi linxit,

are we both responsible for our own side of the boundary, and will it affect the deeds if I let him pull down both fences and replace them with one new one?

you're responsible for your fence, he's responsible for his - nobody is responsible for the boundary (it's an imaginary line)
the "deeds", as you term it, will not be affected if both fences are removed and he builds himself a new one.
however, this should stand wholly on his land - where his current one stands - to avoid any confusion as to ownership.

Kind regards, Mac
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Re: Fence boundary question

Postby linxit » Tue Mar 14, 2017 8:12 am

Hi Mac,

Thanks for the reply. I think the difficulty here is that it would have to be on my land, as his whole property is about a foot higher than mine. We're not on a hill, but my house is built below the road level and his is on the road level. There was probably a very gentle slope originally which the builders flattened out, then started at the correct ground level again for the second phase.

If it was wholly on his side there would be a bare earth bank under the bottom of the fence on my side, so that wouldn't work at all. Looking at his new back fence, the panels sit on about three courses of decorative bricks with concrete posts in between. They'd have to go on my side, and would have to be twice the height for him to be able to see them and get the desired effect. Also if it was on his side it would need to be a lot lower - the corner of his 6 ft back fence where it adjoins mine is about 18 inches higher than my 6ft fence. If he continued that round the garden at the same height it would be 6ft high his side but over 7ft my side.

Thanks,
Andy
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Re: Fence boundary question

Postby mr sheen » Tue Mar 14, 2017 8:20 am

Key points....
Good relationship for 10 years
2 neighbours willing to work together to get an outcome satisfactory to both sides

.....great stuff....
......live a long and happy life as good neighbours and leave the nonesense of a few inches of land for the pedantic trouble-makers who think life is a trial run and hence have time to deal with nonesense and squander their money it.
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