Neighbour replaced my fence

Neighbour replaced my fence

Postby SirVive » Sun Oct 01, 2017 6:20 pm

Hi. I have a corner plot with a triangle shaped back garden which means my garden backs onto two other houses' back gardens. There is a single fence marking the boundary between my garden and theirs - concrete posts with fence panels slotted between them.

One of those neighbours is new, moving in a few months ago, and has been found a huge amount of work improving their garden. This week we came back from work one day and found that they had replaced all the fence panels in their garden, including the ones that are the boundary to my garden.

To be honest I am not that bothered. Apart from the fact that I think they were a bit rude not to ask or mention it to us (our fence is now half old panels, half new panels and they swapped the 'smooth' side to face them). BUT I have checked my land deeds and clearly the plot has the t marks for all the fencing on my side, meaning I own all the fences, including the panels they have replaced.

Should I say something? My concern is more if I don't say something now does that put me at risk of the fence becoming his property? Equally theyve not asked for anything (or talked to me at all) but I don't want to be in a situation where I lose any 'rights' if in 6 months time they decide to send me a bill for half the price of the new panels.

Any advice would be gratefully received. Thanks.
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Re: Neighbour replaced my fence

Postby MacadamB53 » Sun Oct 01, 2017 7:28 pm

Hi SirVive,

I have checked my land deeds and clearly the plot has the t marks for all the fencing on my side, meaning I own all the fences

'T' marks on plans mean absolutely nothing unless they're explicitly referred to in the deed itself.

and even then, all this would mean is that the boundary feature standing at the time the deed was included in the sale - so this would be of no importance if one of the successors removed that boundary feature and then the neighbour erected something new on his own land.

in short, if you didn't erect the fence and have no evidence it was including in the purchase then don't assume it's yours just because someone thought to draw some 'T' marks years ago...

kind regards, Mac
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Re: Neighbour replaced my fence

Postby SirVive » Sun Oct 01, 2017 7:52 pm

Thanks Mac. The houses in my area were originally council. The deeds I have refer to the original sale (1981). Their is a point in the second schedule of the deeds stating "To the satisfaction of the Chief Estates and Valuation Officer for the time being of the council to maintain in good repair order and condition the boundary fences of the said property shown marked "T" on the plan annexed hereto". So I presumed they were mine. That was 1981, the concrete post parts at least look that old.

So if there's no proof of who owns the fence then anyone can make changes? Thanks.
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Re: Neighbour replaced my fence

Postby MacadamB53 » Sun Oct 01, 2017 8:08 pm

Hi SirVive,

if there's no proof of who owns the fence then anyone can make changes?

yes and no - if you've no proof/evidence it's yours then that should kinda tell you that it's not yours to meddle with...

in your case, given the extra details you've provided, I'd say you should consider the fence as yours - I'd ask them why they think the fence is theirs as they may have some evidence you're unaware of (e.g. their seller noted it was his on the SPIF).

kind regards, Mac
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Re: Neighbour replaced my fence

Postby Collaborate » Mon Oct 02, 2017 7:17 am

I agree the fence is yours. To avoid any future misunderstanding you should mention this to them. If having the smooth side facing you is important to you you are allowed to turn the panels round (if it's that kind of fence).
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Re: Neighbour replaced my fence

Postby SirVive » Mon Oct 02, 2017 1:10 pm

Thanks to both. As mentioned, my main concern is I don't end up having to pay for something I didn't want. I'll try to fire up a friendly conversation with them, see if they think its theirs for some reason. Will be useful in case they decide to do anything more in the future.
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Re: Neighbour replaced my fence

Postby SirVive » Mon Oct 02, 2017 9:10 pm

Final update. Chatted to neighbour. They said they didnt think, they just thought the fences were old and wanted to replace them as part of doing their garden up. As they were paying for it they didn't think it was a problem and said sorry for not thinking. Everyone happy all round. Thanks again for your comments.
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Re: Neighbour replaced my fence

Postby arborlad » Wed Oct 11, 2017 1:30 pm

SirVive wrote:Hi. I have a corner plot with a triangle shaped back garden which means my garden backs onto two other houses' back gardens. There is a single fence marking the boundary between my garden and theirs - concrete posts with fence panels slotted between them.




Where you have one property that has a long boundary alongside two or more smaller ones, if the boundary feature is the same age and type, it's usual for it to be in the ownership of the property with the long boundary.
arborlad

smile...it confuses people
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