URGENT! Which way must fence panelling face?

idotry
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URGENT! Which way must fence panelling face?

Post by idotry » Thu Oct 01, 2009 7:00 pm

Today, my neighbour started having a new garden fence erected using concrete posts with arris rails between, so I guess it will be close boarded.

I have noticed that the pointed ridge of the arris rail is facing us, and whilst I am not a fence expert, I believe this means the board will be fixed to the flat side of the arris rail, thereby facing our neighbour.

I had close boarded fencing erected some years ago, and was told the arris rail must be facing inwards to our garden, which is what we did, even though we would have preferred to see the more attractive close boarding facing us.

Am I right in thinking the 'fair' side of a fence must face away from whoever owns the fence. If that is so, in this case, our neighbour should see the arris rail on the back of her fence, whilst we see the fence boarding and not the arris rail.

I must stress we get on well with that neighbour, but I really don't want to see ugly arris rails facing us as we have just re-designed our garden.

If she needs to advise her fencers, it must happen tomorrow.

HELP!!!

Conveyancer
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Post by Conveyancer » Thu Oct 01, 2009 7:08 pm

Despite popular belief to the contrary, there is no rule of law that covers this.
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kipper
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Post by kipper » Thu Oct 01, 2009 7:16 pm

Firstly, are you certain that it is their fence and they have responsibility for that boundary?

If it is theirs, there is no law to say they must construct the fence with the nice side facing you I'm afraid - only courtesy dictates this. However, they must ensure that no part of the fence encroaches onto/over your land.

You can erect your own fence right up to theirs with the palings facing you, spacing the posts in between theirs. Do not leave any gap between the fences for maintenance or you risk losing land.

idotry
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Post by idotry » Thu Oct 01, 2009 7:27 pm

Thanks Kipper and Conveyancer. Answered the question succinctly.

arborlad
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Post by arborlad » Thu Oct 01, 2009 11:00 pm

A closeboard fence, is probably one of the securest forms of domestic fence available - but only when erected correctly.

When erected correctly, the featherboards abut the boundary line, leaving no part of the boundary unsecured. When erected incorrectly, only the posts abut the boundary line, leaving areas of land open to encroachment from the adjoining landowner.
arborlad

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Lilac Frost
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Post by Lilac Frost » Fri Oct 02, 2009 6:30 am

I must be the only person in the whole wide world who prefers to have the aris rails on my side. It means it is easier to attach things to the fence (tough luck if they don't like me doing that, they chose to put it that way) and to prevent easy access to my garden.

idotry
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Post by idotry » Fri Oct 02, 2009 10:47 am

Arborlad... this is precisely what our neighbour is doing.

We laid a new and expensively tiled patio up to where we thought she would fix her fence, and allowed for her to sink her posts astride the boundary line. We even dug her post holes for her, with cut outs in our floor tiles! However, she has now decided to locate her posts wholly on her land, and fix her fencing to her side of the arris rail.

This now means there will be a big gap between the edge of our lovely new patio and the back of her fence panel, and the cut outs in our tiles will not be filled.

Legally, she has right on her side to do what she wants with her fence, but how do we stand when presented with an unsightly gap between the rear of her fence panel and the edge of our patio. Of course, she won't see that gap! Will she have to fill it in abutting our patio, which is the boundary line?

kipper
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Post by kipper » Fri Oct 02, 2009 12:42 pm

What was dividing the gardens before and where was it sited?

idotry
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Post by idotry » Fri Oct 02, 2009 1:29 pm

Kipper, there was an old standard 6ft panel fence sitting on the boundary. I cannot recall if the 'nice' side was facing us, but I'm not so worried about that now that I know there is no law.

I am angry that we now have an unsightly gap on our side, and our neighbour's contractor is saying they have no instruction to fill the gap.

DavidM
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Post by DavidM » Fri Oct 02, 2009 2:34 pm

similar situation happened to my dad a few years back, we just filled the hole with some gravel.

It didnt look the best but it served its purpose.

I wish people would communicate a bit better when all this is going on then no-one would feel a little bitter if it's not to your taste.
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kipper
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Post by kipper » Fri Oct 02, 2009 4:13 pm

idotry wrote:Kipper, there was an old standard 6ft panel fence sitting on the boundary. I cannot recall if the 'nice' side was facing us, but I'm not so worried about that now that I know there is no law.

I am angry that we now have an unsightly gap on our side, and our neighbour's contractor is saying they have no instruction to fill the gap.
Are you sure that is not meant to be a party fence under shared ownership? Have you looked on your deeds/LR plan? Do not rely on what the neighbours say or any urban myth that it is the boundary at a particular side and therefore their responsibility.

If it was a shared fence then she should put a fence back along the original fence line (even if she keeps her own fence) and you are entitled to have a say in the height/type/construction.

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Post by DavidM » Fri Oct 02, 2009 5:50 pm

on the plus side you've gained some land 8)
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idotry
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Post by idotry » Fri Oct 02, 2009 7:00 pm

Gained an extra 4 inches ...can make a big difference in certain situations!

DavidM
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Post by DavidM » Fri Oct 02, 2009 8:04 pm

bud-dem-cha !!!! :lol:
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nigelrb
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Post by nigelrb » Fri Oct 02, 2009 11:57 pm

kipper wrote:
If it was a shared fence then she should put a fence back along the original fence line (even if she keeps her own fence) and you are entitled to have a say in the height/type/construction.
Very valid point, because if it is a shared boundary the neighbour has committed one hell of a sin, and by this stage effectively unrectifiable.

N
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