Fence Behind Original Fence On Boundary

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clarebem
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Fence Behind Original Fence On Boundary

Post by clarebem » Sun Feb 09, 2020 6:06 pm

Hi All. Just after some help. There's a fence between my property on the side and my neighbours. In the winds one of the panels is broken and before my neighbour discusses options with me, I wonder who is actually responsible for the maintenance etc of it. In the past the same thing happened and my neighbour tried to blame the fence coming down on a rose bush I have which is about 8 inches away from the fence and wanted us to pay. I tried to explain that the rose bush would not have been capable of blowing the fence down and was far more likely due to the winds we'd just experienced,similar to the winds that we're experiencing this weekend in the Uk. I told him we'd never had anything to do with the fences before and that was the last we heard anything and he fixed them himself, unfortunately it's the same fencing that has come down now.

So. On my side of the fence there are four concrete posts about hip height with metal wire running through each one along their length. They were installed when the houses were built in 60s. Since that time, one of the previous owners of the next door property put up panel fencing about 5ft 8" high. The panels are positioned on my neighbours side or at least on the other side of the original concrete and wire fencing. In otherwords when I look out at the fencing, I can still see the original concrete posts and wire on my side, my neighbour cannot.

Prior to my neighbour moving in, the previous owner always changed and maintained the fences and never once asked us for payment, so we'd always presumed that was because that was their fencing. I know it's not an exact science but would the original posts and wire suggest that's where the boundary to the two propperties lie? Thanks in advance.

IdefixUK
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Re: Fence Behind Original Fence On Boundary

Post by IdefixUK » Sun Feb 09, 2020 8:09 pm

Hello clarebem,

Here are my thoughts, but I wish to let you know that I'm not qualified in any aspects of law.

From what you have written the mid-line of the shorter concrete posts will almost certainly mark the line of the boundary as these were installed by the builder of the houses. If I am right about that, then the panelled fence is entirely the responsibility of your neighbour.

Incidentally it could be that the deeds to your property, and those of your neighbour, indicate ownership of the original fence, but that is possibly of no issue here, because if the panelled fence has been in situ for 10 years or more then you can gain the little strip of land between the old fence line and the panelled fence line as your own, under the legal process known as adverse possession, but perhpas that's a different story and not really worth doing anything about (or even mentioning to the neighbour) at this stage.

Regards

MacadamB53
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Re: Fence Behind Original Fence On Boundary

Post by MacadamB53 » Sun Feb 09, 2020 8:22 pm

Hi clarebem,

IdefixUK wrote: If I am right about that, then the panelled fence is entirely the responsibility of your neighbour.

to be correct, it would mean the panelled fence stands entirely on your neighbour’s land and, therefore, is the neighbour’s property.

who is responsible for the fence? the owner of the fence... (which is what IdefixUK jumped to without an explanation).

hope this clarifies.

kind regards, Mac

IdefixUK
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Re: Fence Behind Original Fence On Boundary

Post by IdefixUK » Sun Feb 09, 2020 8:35 pm

Mac,

Are you suggesting that there is a remote possibility that the OP is the owner of the panelled fence which was installed on the neighbour's side of the original post and wire fence?


Regards

mr sheen
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Re: Fence Behind Original Fence On Boundary

Post by mr sheen » Sun Feb 09, 2020 8:36 pm

If one side claims to own the fence they have the option of repairing it themselves or leaving it damaged. There is no compulsion to have a fence or repair a damaged one. If your neighbour wants to repair his fence he can or he can leave it rot if he prefers.

If the neighbour asks for a contribution and you want a fence and peace and harmony then you have the option of paying a portion if you so wish...no one can force anyone else to pay for a fence, or repair a fence or erect a fence....he who wants a fence pays for a fence and erects it on their own land.

MacadamB53
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Re: Fence Behind Original Fence On Boundary

Post by MacadamB53 » Sun Feb 09, 2020 9:33 pm

IdefixUK wrote:
Sun Feb 09, 2020 8:35 pm
Mac,

Are you suggesting that there is a remote possibility that the OP is the owner of the panelled fence which was installed on the neighbour's side of the original post and wire fence?


Regards
eh?!? erm, no

clarebem
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Re: Fence Behind Original Fence On Boundary

Post by clarebem » Mon Feb 10, 2020 11:33 am

Thank you for the replies. We have already decided that we'll go halves if the neighbour insists for arguments sake, it's just not worth falling out over, but it is good to get an idea about the likelihood of whose land the fence is on.

Fence is completely down now so we'll wait and watch and see. He hasn't come knocking yet :D

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