Fence Issue with Neighbour

Fence Issue with Neighbour

Postby al23883 » Mon Apr 03, 2017 10:48 am

Hi,

I have a gap in a fence in my garden. This was caused by my neighbour ripping it down before I moved in (don't know the rest of the details). It was however, pretty much covered by a shed.

However, storm Doris has pretty much destroyed the shed so I need to take it down. I don't really need the shed as there is not much in it so I wanted to free up some space in the garden. The problem now though is the gap as when I remove the shed my garden will be exposed. I have a small child so it will be easy for him to get out of the garden when he is playing.

I have spoken to my neighbour in the past about filling the gap in with a fence panel (something that would not look out of place and I am happy to pay for) since as there is fencing all the way down the garden anyway. He maintains it is too close to his house (his front door is on the size and faces opposite - so it is the width of a driveway you could fit a car on) and goes against the deeds of the house dating back to around 1900 and if I did he would take me to court. He says I can put a bush in but not a fence. The posts that were put in by the previous owner (from where he ripped out the fence) drop down into my side of the garden. What are my rights? It is my land so I don't really see that he has any rights.

Thanks
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Re: Fence Issue with Neighbour

Postby Collaborate » Mon Apr 03, 2017 12:22 pm

You don't need his permission to put up a fence on your side of that boundary wall.

At the very least your land extends to the side of the boundary wall facing your garden.

You don't need planning permission if the fence is less than 2m high.

Check your deeds to see who owns the wall. If it's you, you can erect the fence on top of the wall nearest the side facing the neighbour. If it's a jointly owned wall, or a party wall, you can attach your fence to the wall itself and face it in the mid point of the wall.
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Re: Fence Issue with Neighbour

Postby span » Mon Apr 03, 2017 7:34 pm

Fence it with concrete posts and panels. Paint your own side in a wood pattern if aesthetics are important to you. Leave his side industrially plain.

He's been lying, bluffing and blustering you.
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Re: Fence Issue with Neighbour

Postby despair » Mon Apr 03, 2017 8:02 pm

i would resurect one side of that shed to recreate a fence as lousy as you like his side but with a good coat of fence paint on your side
so you enjoy privacy again and stick 2 fingers up to an abject bully
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Re: Fence Issue with Neighbour

Postby SwitchRich » Tue Apr 04, 2017 1:33 pm

al23883 wrote:Hi,

He maintains it is too close to his house (his front door is on the size and faces opposite - so it is the width of a driveway you could fit a car on) and goes against the deeds of the house dating back to around 1900 and if I did he would take me to court. He says I can put a bush in but not a fence. The posts that were put in by the previous owner (from where he ripped out the fence) drop down into my side of the garden.

Thanks


Is the boundary in dispute? The small wall seems to be a clear boundary feature between the two properties for sure.
What interest does he have in keeping the gap? I would hazard a guess that it allows him to take long objects (e.g. a couch) out of his door and turn them to take them up his drive?

Completely agree with the above posters that this guy does not have a leg to stand on RE any fencing you wish to put up.
There is no way he can influence and it was cheeky of his to assert otherwise!
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Re: Fence Issue with Neighbour

Postby al23883 » Wed Apr 05, 2017 8:03 am

No there is no dispute with the boundary. The only thing he has said to me is that I can't put a fence up as it goes against the deeds going back to the 1900s.

Is there any act/law I can quote when I speak to him?

Thanks for all the replies by the way.
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Re: Fence Issue with Neighbour

Postby stufe35 » Wed Apr 05, 2017 8:23 am

Ask him to show you these deeds and /or download yours and his deeds to check for yourself.

Then seek a professional opinion on what the deeds say as the wording needs to be interpreted by a professional. Some phrases that are used in deeds and to the layman look like they are quite straight forward sometimes mean nothing as they have been overruled by later case law.

An example is ..your deeds might say "the purchaser and his successor must......." so to you and I you would think that means the buyer and anyone else buying the house in future must do (or not do) 'whatever'. However certain types of statement have been deemed through case law to only apply to the original 2 parties involved in the agreement and cannot carry forward to future owners of the property. So the words 'and successor' have to be ignored IN CERTAIN CIRCUMSTANCES.......I don't know if this will apply in your case I am just demonstrating that a professional is needed to interpret the wording of deeds correctly. (you could of course post the wording on this forum..there are people on here that contribute and do have the right skills (I do not !))

Of course you may find there is no wording referring to fencing at all and your neighbour is just bluffing...I know its hard to believe but there are people like that in our society...who just tell outright lies.

Even if there is some wording which says you cant put a fence above a certain height on the boundary...the boundary is already marked..so just erect a treliss 4 inches behind the boundary....?

Alternatively just fix your shed or put a new smaller shed in the same location but tighter to the wall....You cant really lose this one there will be a solution to secure you garden...if I was a betting man id say your neighbour is a liar and there will be no such valid wording in your or his deeds otherwise he wouldn't have tolerated the fence along the rest of your boundary which appears to be 6ft or so high.
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Re: Fence Issue with Neighbour

Postby MacadamB53 » Wed Apr 05, 2017 9:30 am

Hi al23883,

...goes against the deeds of the house...

what is the wording please?

Kind regards, Mac
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Re: Fence Issue with Neighbour

Postby arborlad » Wed Apr 05, 2017 12:25 pm

al23883 wrote:Hi,

I have a gap in a fence in my garden. This was caused by my neighbour ripping it down before I moved in (don't know the rest of the details). It was however, pretty much covered by a shed.




This all happened prior to your purchase, so, unless you have some very firm evidence that your vendor lied on this matter - it's probably not worth pursuing.

Your property is South(ish) of your neighbour, I think lack of light rather than getting a sofa through the front door is going to be the main issue, have a chat with the neighbour and see if you can get to the nub of the problem, a 6ft high fence with the top 2ft consisting of trellis might fit the bill.

The shed was originally quite a decent one, if you've still got the other part of the roof section, placing it on Freegle or similar might be an option. Don't know how your garden is laid out but getting the shed out through your neighbour's land looks to be the easiest route - prior to your fence going back up.
arborlad

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Re: Fence Issue with Neighbour

Postby al23883 » Sun Apr 09, 2017 10:26 am

I have found a document from when we bought the house called "Official copy of register of title" with three sections - a. Property Register, b. Proprietorship Register and C: Charges Register.

If there was anything stopping me from putting up the fence would it be in here? Are there any other documents this sort of stuff could be in. I have looked and can't see anything from our solicitor when we bought the house. Is this what he means when he talks about his "deeds"??! Sorry if that is a stupid question.

A and B are quite basic. A just mentions its freehold and refers to the map on the back page showing the location.

B has the names of the people we bought the house off and the price they paid when they bought it.

C uses lots of old school type of language. I have attached what it says. The only thing I can see is it says we can't build a house on the front drive way. :shock:

Any more advice would be appreciated.
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Re: Fence Issue with Neighbour

Postby Collaborate » Sun Apr 09, 2017 11:14 pm

the advice does not change. Why on earth should it?

You either must act on it, or accept your neighbour will bully you from time to time.
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Re: Fence Issue with Neighbour

Postby arborlad » Tue Apr 11, 2017 12:40 pm

al23883 wrote: Is this what he means when he talks about his "deeds"??!




The best person to ask is him, if there is any substance to his claim he will be able to produce them.
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Re: Fence Issue with Neighbour

Postby jonahinoz » Mon Apr 17, 2017 9:47 am

Hi,

So fill the gap with a gate that looks like a fence, but isn't a fence.

If your neighbour asks nicely, you may let him open the gate to get his piano in and out of his front door.

John W
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