Paying for neighbours fence

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randamonia
Posts: 2
Joined: Mon Jul 29, 2013 11:02 pm

Paying for neighbours fence

Post by randamonia »

Hi All
First time posting - i found the forum out of necessity but it looks like a really good forum so i'm sure i'll be dipping in and out as i start to completely renovate my garden.

I know similar queries to mine have been posted but some of them were from a while ago so just in case the situation has changed or people have more experience to add i hope you don't mind me asking in a fresh post.

I have a 90ft+ garden and on the right my neighbours garden is only separated by a 3' high mesh fence for the bulk of the length except for about 5 meters which has a solid wooden fence and a service access gate for them across my patio to an alley way. My neighbours aren't great on maintenance and replacing the fence is certainly not on their agenda but we really want the privacy so obviously it is down to us to cover the costs. We wish to install a 6' fence for privacy and although not 100% happy with it my neighbours have agreed that i can replace the current fence along the same line with a new one at my expense. This will be a big benefit for them as the current solid fencing is in very poor condition as is the access gate and in terms of aesthetics will probably be better all round.

However, i have concerns for the future. My understanding is that as the fence is on their boundary line although i pay for it i will be effectively gifting it over to their property and ownership and will have no rights over it either in the short term or long term. Although we may have a neighbourly agreement now i am concerned in cases this changes or they move.

I plan to put up good quality fencing so would see no reason why a new neighbour would want to change anything but i guess there is nothing i could do if they wanted to make changes. Is there anything legally that could be done to ensure my rights?

I know i may be worrying about nothing but am thinking the best option would be to just leave the current fencing and install a new one on my property. I will obviously take advice from the fencing contractor but i understand i can go right up to the neighbouring boundary so would lose just the width of then fence - is this correct?

Thanks alot for any advice or experience offered.
kipper
Posts: 855
Joined: Wed Sep 02, 2009 8:10 pm

Re: Paying for neighbours fence

Post by kipper »

For a belt and braces approach if you install on your land: take photos of the current situation, and photos when the new fence is installed (preferably showing the old fence in situ next to it) and keep receipts for the purchase of the fence and installation (unless you do this yourself). This way you have proof that the fence is your property and installed wholly on your land, should the old fence be removed.
ukmicky
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Re: Paying for neighbours fence

Post by ukmicky »

kipper wrote:For a belt and braces approach if you install on your land: take photos of the current situation, and photos when the new fence is installed (preferably showing the old fence in situ next to it) and keep receipts for the purchase of the fence and installation (unless you do this yourself). This way you have proof that the fence is your property and installed wholly on your land, should the old fence be removed.
It’s not the ideal way to go about it but sometimes circumstances dictate and things have to be done different. If you do .do as kipper says and take plenty of photos during and after its installation to prove is was placed wholly on your land.
Any information provided is not legal advice and you are advised to gain a professional opinion
despair
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Joined: Mon Mar 14, 2005 7:07 am

Re: Paying for neighbours fence

Post by despair »

Draw up a document detailing the situation and take loads of photos and get the neighbours to sign it with a witness

Although Arborlad etc will say there should only be one boundary feature I believe there are times like this where you are better to leave the old wire fence in situ and choose a style of fence that can be installed tight up to the existing and stagger the posts in between existing posts so that you do not loose land
arborlad
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Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Paying for neighbours fence

Post by arborlad »

randamonia wrote:
I have a 90ft+ garden and on the right my neighbours garden is only separated by a 3' high mesh fence for the bulk of the length except for about 5 meters which has a solid wooden fence and a service access gate for them across my patio to an alley way. My neighbours aren't great on maintenance and replacing the fence is certainly not on their agenda.

What evidence do you have that it is the neighbours fence?
arborlad

smile...it confuses people
randamonia
Posts: 2
Joined: Mon Jul 29, 2013 11:02 pm

Re: Paying for neighbours fence

Post by randamonia »

Hi All

Thanks for the advice. There's been a little bit of development.

In answer to ownership the deeds show that the boundary is split by this fence and generally within the area the standard is you own the left hand fence. I'll check the deeds again though.

After we informed the neighbours we would install on our land she has decided she was very much over reacting to everything and asked us to proceed as we planned. Essentially she's realised she was on a good thing by us doing this.

Logistically it makes sense to replace the current fence and it isn't ideal to have two fences but we are concerned about the future and thinking it may not be the best long term in case of future neighbour issues.

Is it enough to draw up a formal document both parties sign to confirm the fence is going on the original boundary but is owned, managed and maintained by us? If we could do this i'd feel much better about it.

Thanks everyone.
despair
Posts: 16638
Joined: Mon Mar 14, 2005 7:07 am

Re: Paying for neighbours fence

Post by despair »

Its a sensible way forward as long as you ensure you both have copies and they are preferably signed in front of witnesses plus attach photos of before and after

It would also be sensible to add that

The fence colour on both sides is decided by you or whoever succeeds you
No attachments of any kind are made to their side without permission
No soil or anything else is piled or lent against the fence
No balls etc are thrown kicked against the fence

Any damage done to the fence by dogs etc is the responsibility of the dog owners not nessecarily your property owners
kipper
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Joined: Wed Sep 02, 2009 8:10 pm

Re: Paying for neighbours fence

Post by kipper »

randamonia wrote:In answer to ownership the deeds show that the boundary is split by this fence
Not sure what you mean by this. Possibly a party fence?
randamonia wrote:generally within the area the standard is you own the left hand fence.
There is no standard or convention.
randamonia wrote:I'll check the deeds again though.
In the absence of any T-marks on the plan check the wording within the deeds.
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