Shared Fence

Shared Fence

Postby aruffell » Sat Apr 15, 2017 9:59 am

Hi all,

New user here so please be gentle :)

My query is in relation to shared fences (wooden).

For context, I'm plot 60. My neighbour is plot 59.

As per our plans below you'll see that we have a fence as pointed out that are in our property giving us rightful ownership over them (marked with a T) at the back of the property.
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As you'll see from the picture below you'll see that this fence panel actually spans the distance over our neighbour and our properties. Based on the plans, who does this fence panel belong to or have Persimmon (our developer) made a mistake and should have simply put 2 separate panels in?
2-min.JPG
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Looking back at the plans below you'll see a similar issue towards the front of the house and as you can see from the picture below that, the fence is one single panel that spans across from my brickwork to my neighbours brickwork and is not joined in the middle at all. Again, what would the situation be on this?
34-min-min-min.jpg
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The reason I ask is that we want to take our side down to add a gate in but by doing so would ruin the structural integrity of the fence as the horizontal wooden struts are simply connected from one property to the next.

I've looked over the plans but can't seem to find anything in here so I'm hoping you can point out what I need to know fairly quickly.

The neighbour has been quite confrontational telling me that his planning friends, surveyor friends and solicitor friends (seems he has a lot of friends) all said I can't touch it even though I was planning to put a post in pin it back onto it therefore giving structural integrity from my side.

Persimmon (the developer) are not willing to help by adding in a post and won't get involved.

My neighbour has deemed that I can't touch it because he won't be able to claim from his warranty if his side goes awry. Basically he's being awkward because I build a lean-to shed on my side and he is just a moany guy in general.

Thanks.
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Re: Shared Fence

Postby despair » Sat Apr 15, 2017 1:01 pm

I cannot see why you want to install a gate anyway

and if you have built a lean to shed against a shared fence without his agreement i am not surprised he is not happy

Seems to me theres a really good quality fence that is there for a purpose and should not be mucked about with
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Re: Shared Fence

Postby aruffell » Sat Apr 15, 2017 2:31 pm

The lean to shed is not touching the fence. It has its own post and is around 2 inches from the fence.
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Re: Shared Fence

Postby mr sheen » Sat Apr 15, 2017 3:20 pm

Check your deeds. Persimmon usually put in clauses to prevent changes to fences. If you do change the fence you may invalidate your warranty too...and poss for more than just the fence......check wording carefully. T marks do not give 'rightful ownership'

If you destabilise the integrity of the fence and it falls down, you will be liable for any damages for all affected properties.
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Re: Shared Fence

Postby arborlad » Sat Apr 15, 2017 9:00 pm

aruffell wrote:The reason I ask is that we want to take our side down to add a gate in but by doing so would ruin the structural integrity of the fence as the horizontal wooden struts are simply connected from one property to the next.




Wouldn't you both benefit from having gates there?
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Re: Shared Fence

Postby arborlad » Mon Apr 17, 2017 8:47 am

aruffell wrote:
As per our plans below you'll see that we have a fence as pointed out that are in our property giving us rightful ownership over them (marked with a T) at the back of the property.
1-min.JPG

As you'll see from the picture below you'll see that this fence panel actually spans the distance over our neighbour and our properties. Based on the plans, who does this fence panel belong to or have Persimmon (our developer) made a mistake and should have simply put 2 separate panels in?
2-min.JPG




The fence at the front is fairly straightforward, you own half and the neighbour owns the other half, this fence is less so, the photo and plan simply don't match - by quite a large margin. Is there any wording in the deeds that refers to these fences?

Persimmon don't seem to have acted in anyones beat interest by placing a solid fence where there should have been a pair of gates and another fence that is in the wrong location. On a more general note, if the whole site had been laid out better, you would have a 2m wide area of land for your shed and the neighbour would have a similar amount on the other side.

I think you should have your threads merged.
arborlad

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Re: Shared Fence

Postby arborlad » Wed Apr 19, 2017 8:46 am

despair wrote:I cannot see why you want to install a gate anyway

and if you have built a lean to shed against a shared fence without his agreement i am not surprised he is not happy

Seems to me theres a really good quality fence that is there for a purpose and should not be mucked about with




Those comments don't seem to match with the circumstances.
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