Doc Holliday Posted April 28, 2014 Report Share Posted April 28, 2014 Ok, it seems the neighbour is out to make life difficult, again. Not in a big way but just being bloody awkward. About 12 or possibly 14 years ago she put up a 6ft fence to divide our gardens. I have had no issue with that. The issue is that the fence is now in need of some attention. To be honest, it's coming to the end of its life and needs to be replaced as it's starting to fall apart. Seeing as she doesn't want to speak to me or the Mrs (not sure what we've done to **** her off but she has the hump and won't speak to us, period!) I popped a polite letter through her door thanking her for her patience while we had the building work going on and also to bring to her attention the state of the fence and approach her about splitting the cost of having it replaced for one with concrete posts & plinths. 3 weeks later we get a rather short, if not snotty, reply - "I have no interest in sharing the cost as that is your boundary!". Ok, so we have a fence which has been dividing out gardens for the last 12 possibly 14 years which she paid for and, if I remember rightly, she didn't even speak to us about putting it up. My guess is that she will argue that she had it erected on her side of the boundary. If that's the case do I have any legal right to get her to take it down if I want to erect a new fence? There's no way I'll get a new fence up with her one there. Can I insist that my new fence follows the line of the existing or does she have to prove that the fence is on her side? I know it seems like a trifle to be arguing over what amounts to 4 inches of garden but if we erect our fence up to the line of hers it makes our side entrance very cosy to say the least. At the narrowest point the side access is 780mm from our house to her fence. And before anyone states the obvious about 'Should have checked that out first before building the extension!', please don't even go there. I'm not interested in hindsight, just some helpful advice from the great PW Collective to resolve an issue with an embittered old biddy. Thanks in advance, as always. Quote Link to comment Share on other sites More sharing options...
Doc Holliday Posted April 28, 2014 Author Report Share Posted April 28, 2014 Sorry, of course it will naturally follow the line of the existing fence. I meant to go exactly where the existing is. Quote Link to comment Share on other sites More sharing options...
HDAV Posted April 28, 2014 Report Share Posted April 28, 2014 Check your deeds and work out exactly where the boundary is and where the fence is at present. Quote Link to comment Share on other sites More sharing options...
JDog Posted April 28, 2014 Report Share Posted April 28, 2014 It should be easy enough to ask you Solicitor to look at the deeds of your house to determine the responsibility for the fence. If it is yours just do it. If it is your neighbours show her a copy of the letter from the Solicitor. Quote Link to comment Share on other sites More sharing options...
p@cman Posted April 28, 2014 Report Share Posted April 28, 2014 Check your deeds and work out exactly where the boundary is and where the fence is at present. +1 The deeds should state what boundary lines you/your neighbour are responsible for. Quote Link to comment Share on other sites More sharing options...
spinach Posted April 28, 2014 Report Share Posted April 28, 2014 Do you want the fence replacing? It is of course both your boundary .Keep her letter and replace the fence in exactly the same place! Photos photos . Sounds like its going to cost you. Is that a problem? Sounds like she built the fence on your ground initially which although illegal has essentially split the cost with you now! John. Quote Link to comment Share on other sites More sharing options...
Gordon R Posted April 28, 2014 Report Share Posted April 28, 2014 I would do some research on a specialist forum. I had cause to look this up some years ago and they are the place for expert help. E.G. http://www.gardenlaw.co.uk/phpBB2/index.php Quote Link to comment Share on other sites More sharing options...
100milesaway Posted April 28, 2014 Report Share Posted April 28, 2014 Usually, in law, If you stand at your front door looking out, the fence on the right is your neighbours responsibility and the one on your left is yours.If you do decide to do the fence yourself again the law says pretty side out/ ugly side to you, but I would still check your deeds. from Auntie. Quote Link to comment Share on other sites More sharing options...
Archie-fox Posted April 28, 2014 Report Share Posted April 28, 2014 Had the same at my house, neighbour wouldn't let me remove the old fence and replace it with a new one... Nightmare situation.. Quote Link to comment Share on other sites More sharing options...
huds78 Posted April 28, 2014 Report Share Posted April 28, 2014 Usually, in law, If you stand at your front door looking out, the fence on the right is your neighbours responsibility and the one on your left is yours.If you do decide to do the fence yourself again the law says pretty side out/ ugly side to you, but I would still check your deeds. from Auntie. I'd check your deeds regarding which fence belongs to but there is no law regarding which way round a fence must go round if your paying for it you choose. Quote Link to comment Share on other sites More sharing options...
birdsallpl Posted April 28, 2014 Report Share Posted April 28, 2014 Usually, in law, If you stand at your front door looking out, the fence on the right is your neighbours responsibility and the one on your left is yours.If you do decide to do the fence yourself again the law says pretty side out/ ugly side to you, but I would still check your deeds. from Auntie. Funny I have experienced completely the opposite. If you look out your back door the fence on your left is yours. Unless you are at the end house and you get lumbered for the lot. Quote Link to comment Share on other sites More sharing options...
100milesaway Posted April 28, 2014 Report Share Posted April 28, 2014 Our deeds say nice side out/ ugly side in. from Auntie. Quote Link to comment Share on other sites More sharing options...
100milesaway Posted April 28, 2014 Report Share Posted April 28, 2014 (edited) Funny I have experienced completely the opposite. If you look out your back door the fence on your left is yours. Unless you are at the end house and you get lumbered for the lot. Looks to me like the OP needs to check the deeds as what mine say is the opposite.. The detail is on a small symbol on the boundary line. from Auntie. Edited April 28, 2014 by 100milesaway Quote Link to comment Share on other sites More sharing options...
birdsallpl Posted April 28, 2014 Report Share Posted April 28, 2014 I guess it could be different. I am now in my seventh bought house. (Moved around a lot with my company) 2 houses I was responsible for the lot the other five including where I live now it is the left looking out the back door that I'm responsible for. Maybe I've been maintaining my neighbours fences for the last 40 odd years. Just my luck!!! Quote Link to comment Share on other sites More sharing options...
HDAV Posted April 28, 2014 Report Share Posted April 28, 2014 Can't a fence have 2 nice sides? Quote Link to comment Share on other sites More sharing options...
huds78 Posted April 28, 2014 Report Share Posted April 28, 2014 Our deeds say nice side out/ ugly side in. from Auntie. I'd suggest that's more a covenant on your deeds rather than a general law, I owned a house once that the deeds said no boundary fence should be higher than 5' but in general the law is 6' without planning permission. http://www.boundary-problems.co.uk/boundary-problems/fences.html#Is%20the%20smooth%20side%20of%20the%20fence%20meant%20to%20face%20the%20neighbour? Can't a fence have 2 nice sides? Yep but it works out a lot more expensive Quote Link to comment Share on other sites More sharing options...
100milesaway Posted April 28, 2014 Report Share Posted April 28, 2014 It could well be a covenant as the bungalow was built by Tarmac and not a recognised builder. from Auntie. Quote Link to comment Share on other sites More sharing options...
ack-ack Posted April 28, 2014 Report Share Posted April 28, 2014 Can't a fence have 2 nice sides? Yeah, but when i do them they have two #### sides. Quote Link to comment Share on other sites More sharing options...
hawkeye Posted April 28, 2014 Report Share Posted April 28, 2014 (edited) Usually, in law, If you stand at your front door looking out, the fence on the right is your neighbours responsibility and the one on your left is yours.If you do decide to do the fence yourself again the law says pretty side out/ ugly side to you, but I would still check your deeds. from Auntie. Had the same at my old house so checked with the council planning and was told the fence on the right as i look from the front of the house to the back is mine the one on the left is the neighbours..( never had a problem with any neighbours ) Checked again for this bungalow when i moved here in 2003 and was told the same look from front to back and fence on the right is mine the one on left is neighbours...must be lucky never had one bit of problem with any neighbours at all.. Edited April 28, 2014 by hawkeye Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted April 28, 2014 Report Share Posted April 28, 2014 (edited) Ah the perennial boundary fence problem.... Take my advice..go round one evening knock on the door and cordially invite her to discuss the issue. Don't write any more letters or contact the land registry yet...most people in this position find this very confrontational and assume you are formalising it for legal reasons I've dealt with 30 or 40 similar party wall issues and if she is not prepared to open dialogue with you and maintains her original position you will know exactly where you stand. If this should be the case she has already stated in writing that she believes the fence is your boundary so give her written notice that you intend to take down your boundary fence and replace it with a similar one. However If you should consult your deeds or HM land registry and the ownership of the fence is undetermined the law assumes that the side with posts, stays or struts is the owner and responsible for the maintenance. Good luck..try and resolve it without resorting to legal means.... in my experience it will cost you a minimum of £1200 to do this. Edited April 28, 2014 by Fisherman Mike Quote Link to comment Share on other sites More sharing options...
Essex Keeper Posted April 28, 2014 Report Share Posted April 28, 2014 Even if was your fence because she put it up last time she now responsible Quote Link to comment Share on other sites More sharing options...
ack-ack Posted April 28, 2014 Report Share Posted April 28, 2014 The main thing to remember is that you dont cause offence. Quote Link to comment Share on other sites More sharing options...
Flashman Posted April 28, 2014 Report Share Posted April 28, 2014 Tell her to do one and hire one of the dodgy firms from Watchdog who will con her out of her life savings to badly replace it. Quote Link to comment Share on other sites More sharing options...
four-wheel-drive Posted April 28, 2014 Report Share Posted April 28, 2014 You could just plant a hedge against the fence Quote Link to comment Share on other sites More sharing options...
Fisherman Mike Posted April 28, 2014 Report Share Posted April 28, 2014 The main thing to remember is that you dont cause offence. just trellis as it is. Quote Link to comment Share on other sites More sharing options...
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