Replacement Fence - Do I have any rights?

Baytree
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Joined: Wed Jul 04, 2018 8:18 am

Replacement Fence - Do I have any rights?

Post by Baytree » Thu Jul 05, 2018 10:45 am

We have a fence in our back garden dividing our property and our neighbour’s. The houses are detached. When we moved into the property the fence had the “good” side facing us with all supporting (wooden) posts on their side. Whilst away for a couple of weeks recently the neighbour decided to replace the fence, which he has done himself. I have come back to find he has used large concrete posts and bolts, about half of which we now have in our garden facing us, with the remainder having been done with the “good” side still facing us. We now have 2 original faded “good“ panels, 5 new “good” panels, 7 new “back” panels with the concrete posts in our shrub border, and 2 further original faded “good” panels.

I have checked our property deeds and it shows the “T” inside their garden, which I understand means the fence is their responsibility and that I have no say in the matter.

I intend to speak to them and ask why they have replaced the fence in this haphazard fashion, but before doing so wonder if anyone knows if I have any rights to ask for the fence to be put back to how it was, ie., all the “good” side facing us again, or whether (which I expect will be the case) if he refuses, do I have any say in the matter at all? My neighbour’s wife had told me that the previous owner of our house did not want the posts on her side, so I can only presume they have taken this opportunity while our house was empty, for them to change this to their advantage.

Our garden is stepped, with a patio at the top, and the lower part being laid to lawn with a shrub border. As a compromise I would be happy to leave the lower part as it is with the posts showing, but would prefer the top part around the patio to have the “good” side of the fencing. Do I have any rights at all??

Thank you in advance, any advice would be gratefully received !!

MacadamB53
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Re: Replacement Fence - Do I have any rights?

Post by MacadamB53 » Thu Jul 05, 2018 11:28 am

Hi Baytree,

do I have any say in the matter at all?

no - it’s their property, not yours.

I’d still ask in a neighbourly fashion, though.

kind regards, Mac

Dave 57
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Re: Replacement Fence - Do I have any rights?

Post by Dave 57 » Thu Jul 05, 2018 1:09 pm

Is the new fence in the same position as the old one. Unless any part of the new fence (posts or panels) encroaches on your side of the boundary there is nothing you can do about it.
On a positive note the new concrete posts will be more sturdy and last much longer than wooden ones, the downside to this is of course is that they are usually grey and look so ugly. As only you can see them from your garden, perhaps you can ask your neighbours permission to paint them to match the fence panels.

Baytree
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Re: Replacement Fence - Do I have any rights?

Post by Baytree » Thu Jul 05, 2018 2:22 pm

Thank you for your reply Dave57.

The concrete posts, where the 7 new panels are "good" on their side are encroaching on our property.

Baytree
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Joined: Wed Jul 04, 2018 8:18 am

Re: Replacement Fence - Do I have any rights?

Post by Baytree » Thu Jul 05, 2018 2:22 pm

MacadamB53 wrote:
Thu Jul 05, 2018 11:28 am
Hi Baytree,

do I have any say in the matter at all?

no - it’s their property, not yours.

I’d still ask in a neighbourly fashion, though.

kind regards, Mac

Thank you Mac - I will do.

Baytree
Posts: 13
Joined: Wed Jul 04, 2018 8:18 am

Re: Replacement Fence - Do I have any rights?

Post by Baytree » Thu Jul 05, 2018 2:23 pm

Dave 57 wrote:
Thu Jul 05, 2018 1:09 pm
Is the new fence in the same position as the old one. Unless any part of the new fence (posts or panels) encroaches on your side of the boundary there is nothing you can do about it.
On a positive note the new concrete posts will be more sturdy and last much longer than wooden ones, the downside to this is of course is that they are usually grey and look so ugly. As only you can see them from your garden, perhaps you can ask your neighbours permission to paint them to match the fence panels.
Thank you for your reply Dave57.

The concrete posts, where the 7 new panels are "good" on their side are encroaching on our property.

despair
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Re: Replacement Fence - Do I have any rights?

Post by despair » Thu Jul 05, 2018 3:53 pm

The new cioncrete posts must be on their property not yours ...are they full concrete posts or just spurs which they have put in the hold up rotten fence posts

Baytree
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Joined: Wed Jul 04, 2018 8:18 am

Re: Replacement Fence - Do I have any rights?

Post by Baytree » Thu Jul 05, 2018 5:10 pm

despair wrote:
Thu Jul 05, 2018 3:53 pm
The new cioncrete posts must be on their property not yours ...are they full concrete posts or just spurs which they have put in the hold up rotten fence posts

Thanks for your reply - they are full posts - seven on our property - each measures 4.5 inches square by 69 inches high - they're big!!!

despair
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Re: Replacement Fence - Do I have any rights?

Post by despair » Thu Jul 05, 2018 8:58 pm

Then tell them to move them pronto or that fence becomes totally yours since its sitting on your land

Baytree
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Re: Replacement Fence - Do I have any rights?

Post by Baytree » Thu Jul 05, 2018 9:32 pm

despair wrote:
Thu Jul 05, 2018 8:58 pm
Then tell them to move them pronto or that fence becomes totally yours since its sitting on your land
Thank you, I will speak to them.

Baytree
Posts: 13
Joined: Wed Jul 04, 2018 8:18 am

Re: Replacement Fence - Do I have any rights?

Post by Baytree » Fri Jul 06, 2018 2:48 pm

Baytree wrote:
Thu Jul 05, 2018 9:32 pm
despair wrote:
Thu Jul 05, 2018 8:58 pm
Then tell them to move them pronto or that fence becomes totally yours since its sitting on your land
Thank you, I will speak to them.
Thanks again for your reply. The trouble is, he has some posts on his side, and some on ours. You have said that if he refuses to move the posts, the fence becomes ours. So would it become totally ours, or just the section where the 7 new posts have been put on our side? If the latter is the case, that would mean the bottom and top section belongs to him, and the middle would belong to us?! If that makes sense?

MacadamB53
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Re: Replacement Fence - Do I have any rights?

Post by MacadamB53 » Fri Jul 06, 2018 3:17 pm

Baytree wrote:
Fri Jul 06, 2018 2:48 pm
Baytree wrote:
Thu Jul 05, 2018 9:32 pm
despair wrote:
Thu Jul 05, 2018 8:58 pm
Then tell them to move them pronto or that fence becomes totally yours since its sitting on your land
Thank you, I will speak to them.
Thanks again for your reply. The trouble is, he has some posts on his side, and some on ours. You have said that if he refuses to move the posts, the fence becomes ours. So would it become totally ours, or just the section where the 7 new posts have been put on our side? If the latter is the case, that would mean the bottom and top section belongs to him, and the middle would belong to us?! If that makes sense?
only what is demonstrably attached to your land is considered part of the property - so that would be the 7 fence posts only.

I would advise against following that approach with the neighbour - what would it achieve?

best stick to the “any chance of you addressing our desires/concerns...”

kind regards, Mac

Baytree
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Re: Replacement Fence - Do I have any rights?

Post by Baytree » Fri Jul 06, 2018 4:00 pm

Thanks Mac, totally agree. The last thing I want is to get into an altercation and fall out with them, and I have said as much. I have spoken to his wife today and she was rather defensive, saying it was their fence and they could face the panels whichever way they liked. I told her that I knew that, but the posts now encroached over our boundary. She then said she didn't know he was going to do it this way etc, etc. She didn't really seem to understand what I meant. She is sending her husband round later. I have suggested a compromise whereby two of the panels on our patio, which do not match, ie., we have good facing fence on most of the patio, then he has turned the last two panels round, so that we have the back facing ones, making it mis-matched. As it is feather edged fencing it looks as though he may be able to cover the two back facing panels by placing good panels over the back panels, if you see what I mean. I guess he is within his rights not to do this, however I would be prepared to let the posts down on the lower level stay if he agreed to do this. Presumably if he refuses, I could legally demand the posts be removed?? What a carry on!!! Thanks for your time, and for listening.

despair
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Re: Replacement Fence - Do I have any rights?

Post by despair » Fri Jul 06, 2018 5:18 pm

He will have done it that way becsuse he was too laxy to dig out the old concrete bases and took line of least resistsnce while you were away
Thats not the actions of a reasonable neighbour

Baytree
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Re: Replacement Fence - Do I have any rights?

Post by Baytree » Wed Jul 11, 2018 4:45 pm

After a big hoo haa, and a very heated conversation with my neighbour I have agreed that if he turns two of the back fence panels round so that the whole of our patio area will have the good side of the fence showing, then I can live with the lower level of the garden having the concrete posts and back fence panels which he has "illegally" placed over the boundary onto our land. However, someone has said to me that we could run into trouble further down the line if we want to sell the property at any time. Is this true? He has said there is no way he can move the concrete posts as they are cemented two feet down? I am guessing that as he has illegally placed them over the boundary I am entitled to get him to move them if it will cause future problems and I take legal action. As I say, I can live with the proposed compromise, but not if it causes problems with any future property sale. Can anyone help please. Also, just out of interest, has anyone else come across someone replacing a fence with half front facing and half back facing panels? Why would you, or is it me?? :roll:

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