Paying for neighbours fence

Paying for neighbours fence

Postby andieo » Thu Apr 14, 2005 9:16 am

I plan to have a new fence put up on the side that my neighbour owns. It's basically extremely old and has holes in it and there are 4 foot panels that give me no privacy. I am prepared to pay for a new fence even though it's her responsibility but I anticipate issues regarding ownership and rights. Here are the issues that I am concerned about.

1. If I replace her fence would she then own this fence as it's on her land?

If she refuses to let me replace the fence then I will put one up on my side.

2. If I do this and then she then takes hers down she will gain more space, I accept that she could do this, but would she have a right to paint her side even though the whole fence is on my land and I own it? (the reason I ask is because her red paint would show through the trellace)

3. I plan to raise the 4 foot panels to 5foot panels with a 1foot trellace so I gain more privacy but she still get's sunlight in her garden. I know that I could legally have up to 6foot 6 but can she still argue the sunlight issue if she has lived in her property for over 20 years?

4. Do I have a right to a certain amount of privacy in my garden?

I know it's all very petty but I want to know where I stand before I ask her, you never know, she might offer to go halves! :-)

Thanks in advance for your help.
andieo
 
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Postby despair » Thu Apr 14, 2005 9:57 am

1) if you remove your neighbours fence and install yours in its place she will own your fence

2) theres nothing stopping you putting in your own fence tight up to her fence ......no reason whatever why you would loose ground because the panels are fitted flush with the back of the posts unless you use concrete posts then you would loose about 2 inches

Aim to stagger the panels so her posts are midway of your panels then you wont be fighting any old concrete in the ground

be sure though to paint on the back of the posts your address so theirs no dispute over ownership


3) Your neighbour CANNOT paint or stain or attach or grown anything whatever on your fence

4) you are correct that you can install a 6ft6 inch/ 2m high fence and she has no right to light whatsover despite 20 yrs of light in her garden

A 2 m fence will not deprive her garden of light

but if you wish to put in one with trellis panels at the top then it shows willing and often looks nicer too
despair
 
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Postby nigelrb » Thu Apr 14, 2005 10:59 am

Hi andie0

You are in a good position to discuss this mutually because you are offering to subsidise the neighbour's cost. You're probably aware that the smoothest option is to contribute to having a fence built in its current location, thereby saving the problems you have outlined.
I understand you're preparing yourself for the possibility of conflict, but I believe if your neighbour realises that it would be more costly for her to erect her own 'second' fence ALL at her expense, she will agree to your request. She too, will benefit from the added height without detriment to her garden.
nigelrb
 
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Postby andieo » Thu Apr 14, 2005 11:30 am

Hello!

I appreciate that it would be easier if my neighbour and I agreed mutually to contribute to the new fence but unfortunately she doesn't seem to like me and I suspect she doesn't have the money to replace a fence right now. I don't mind paying for it at all but I want to know that I own it and I want to be able to have whatever colour and height that I want. She will probably want it red to match the one on her right and I want mine to be natural.

I will discuss all of this with her if she will talk to me, I just wanted to know all of the legalities before I make a decision. Thanks for your comments!
andieo
 
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Postby nigelrb » Thu Apr 14, 2005 12:16 pm

Ok. As pointed out by 'despair', put it on your own land and you will own it exclusively and neighbour can't do a thing with it or about it.
Cheers!
nigelrb
 
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