New House - New Fence

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whydron
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New House - New Fence

Post by whydron » Wed Jul 31, 2013 9:40 am

Hi All,

I'm new to these forums and after some advice.

We recently (last month) moved into our first house, a mid-terraced property. On the back of the property our neighbour to the right has had a 6ft fence put up (before we bought the house) and looks lovely. The boundary to the left which we own has a small 3ft fence erected by the previous owner. So rightly or wrongly we believed that was the boundary line.

We have a new puppy so are wanting to stick in a 6ft fence to match our neighbours so the dog can't jump the small fence and for more privacy. However last night next-door decided to kick off with my GF, saying if we put this new fence up he is taking it down as its on his land. He seemed to know exactly where the boundary line was and even marked it on the brick with chalk (which I highly doubt he does). Now we are talking maybe two inches at the most. He was so argumentative about everything last night so have left it, until this evening to discuss further and hopefully reach a compromise. I would just for the sake of it bring the new fence two inches my side but we have decking flush to the fence and it means sorting all that.

Sorry for the war and peace but what I’m after is, seen as the fence is up and was already existing when the property was purchased and no official complainants have ever been made, does he have a leg to stand on with the threat of ‘I’ll take it down’.

arsie
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Re: New House - New Fence

Post by arsie » Wed Jul 31, 2013 11:24 am

How long has the existing 3 foot fence been there uncontested? Would your 6 foot job go in exactly the same place (I *am* talking inches :))? Also the maximum now allowed is 2 metres.

whydron
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Re: New House - New Fence

Post by whydron » Wed Jul 31, 2013 11:40 am

The fence has been there for just over a year. Yep the fence will be going in the exact same place. If the fence is indeed on his land fair enough, we will sort that. Just annoyed me that he hasn't once complained about the existing fence until we try and improve it.

arsie
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Re: New House - New Fence

Post by arsie » Wed Jul 31, 2013 12:37 pm

Boundaries and fences are not necessarily the same thing. A boundary 'may' be determined by features on the ground such as existing hedges, trees or buildings but the boundary is a very thin line. If this is a recent development did the builders leave any posts/a wire to indicate exactly where the boundary is?

And what do your deeds show? Is it possible he is right (although two inches does seem picky)? If you haven't got them to hand you can download deeds from the Land Registry online during working hours for a small fee. Get his too while you're at it just to check.

kipper
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Re: New House - New Fence

Post by kipper » Wed Jul 31, 2013 1:05 pm

What did the property information form, completed by the vendor, say about ownership of fences and movement of boundary features? What are the neighbour's reasons as to why a fence erected by the former owner of your property would be his land? Is he unhappy about the position of the current fence, or is it just that he does not want a taller fence?

despair
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Re: New House - New Fence

Post by despair » Wed Jul 31, 2013 1:11 pm

If the fence was erected by the previous owner of your house presumably they have the receipt

I suspect the neighbour is really objecting to a taller fence or is trying to land grab

Can you not simply attach 6 ft fairly close trellis to your side of the 3ft fence thus giving you privacy and making it dog proof

you could then grow all manner of climbing plants like honeysuckle,clematis, jasmines and hide the misery face next door

whydron
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Re: New House - New Fence

Post by whydron » Wed Jul 31, 2013 1:30 pm

The houses are around 1920's so been around a long time. Initially it was an open yard across 4 houses but over time boundaries (fences) have been put up. Without being rude I get the feeling he is just stuck in his ways a bit, having lived there all his life, as he was born in that house. We have got a land registry map that shows our boundaries but can't be determined exactly as the scale is too far out. Can I get an accurate one that shows exact measurements?

The property information from the vendor stated it was our fence and that no boundary movements had been made in the last 20 years. I get the feeling that it’s the height maybe or the concrete posts rather than the actual boundary itself, which we maybe can compromise on. He was just so adamant last night that if we changed that fence, he would take it down as it was on his land.

arsie
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Re: New House - New Fence

Post by arsie » Wed Jul 31, 2013 3:34 pm

Sounds like we have an old fart stuck in his ways and maybe he boiled over. See if he would prefer something between what is there now and your proposed 6 foot. I think his "two inches is mine" would be awfully difficult to prove either way from what you describe.

For example how about 1.5m of fence topped with trellis i.e. enough to keep your dog in (what breed is it?) but less claustrophobic. If he has been there from the start he will remember fondly how open and spacious it used to feel. We have the same here with a large long plot of land that used to be cottage gardens now all fenced up, modern stylee.

whydron
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Re: New House - New Fence

Post by whydron » Wed Jul 31, 2013 3:54 pm

Yeah i really don't want a dispute or anything bad feeling towards each other, i'm all for the easy life, but I also don't want to be stopped trying to make our first garden nice, secure and private.
Thats exactly what he was like, reminiscing over the past but unfortunately times change. I just wanted to get a gauge how easy/difficult it is to prove the exact boundaries. The new fence width if anything would be a few mm smaller that the existing fence.
He's a 10 week old Labrador so we have a bit of time before he considers jumping it :D

arsie
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Re: New House - New Fence

Post by arsie » Wed Jul 31, 2013 4:42 pm

Ah ok get the picture. It is very difficult to establish the boundary from LR maps or any other, surveyors use features on the ground amongst other things to establish boundaries. We had one do that here when divvying up the gardens and as soon as we had agreed boundaries they were marked with posts by the surveyor and we then quick smart put up fences.

"No change for 20 years" and the old boy not minding the current 3 foot job, says it all really. He feels threatened.

As a dog owner myself you will find Labs are not great jumpers - too much weight carried relative to their leg muscles - but the posts need to be strong. Really dogs are good respecters of boundaries and will keep it marked for you if a boy :wink:

When the dust has settled perhaps a "What would you be happy with" (apart from no change!) chat is needed.

hzatph
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Re: New House - New Fence

Post by hzatph » Thu Aug 01, 2013 9:33 am

whydron wrote:The boundary to the left which we own has a small 3ft fence erected by the previous owner. So rightly or wrongly we believed that was the boundary line.
Difficult to argue that you can't replace it then.

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