Boundary fence

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    Boundary fence

    Hello,

    On my Deeds, it shows which fence is my responsibility, and I have always maintained it.

    My new neighbour acquired the property next door, and later, without my knowledge or prior agreement, removed the fence completely, and replaced it with a lower one.

    For reasons of privacy, I intend to remove a section and install 4 X new panels.

    Do I legally need to tell him beforehand ?.

    What should I do with his panels, after removing them?.

    Thank you.


    #2
    Mmm

    Sounds like a potential for an argument whatever you do

    I'd be inclined to firstly get a copy of your neighbours deeds just to check they agree with yours in terms of boundary responsibility .

    Assuming the deeds agree I personally would have a chat with the neighbours to ask why they have removed your fence it maybe just a misunderstanding.

    Worst case I'd put up a fence alongside the neighbours new fence .

    Removing their panels will just escalate the issue

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      #3
      Engage verbally before you do anything else ….

      And if it transpires his deeds confirm it’s your fence he needs to reinstate the original fence at the original height

      Comment


        #4
        You need to engage with the neighbour.
        It's quite possible that their deeds say something different, for example.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

        Comment


          #5
          Many thanks.

          It is a difficult matter on its own, made worse because, he did other work on my property on two occasions, again, without my prior knowledge. So I am preparing a court claim against him now. He thinks he is clever, and do not know what the word truth means.

          Good idea where you suggest I check what he has on his Deeds. Easier said than done, because, apparently recognising he is not a juggernaut, he has already been forced to backtrack.

          It is best to take your suggestions, and I will, although I do not think my query will be welcome, but who really wants to go to court.

          Thanks for you responses.

          Comment


            #6
            You can check what his deeds say and look like for a small fee at the land registry.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              Small Tee (Typo)

              Comment


                #8
                Originally posted by Neelix View Post
                Engage verbally before you do anything else ….

                And if it transpires his deeds confirm it’s your fence he needs to reinstate the original fence at the original height
                Do this........ get all your ' ducks in a row ' before you do anything in court, the courts can be harsh with those who do not have all the facts/paperwork in place, it does not come down to right or wrong, but what you can prove.

                If he is one of those charming fellows who thinks he is 'king of the hill' and can do what the likes (i have met a few of those) then ensure you have all the facts in front of you, if not ..... it will be an expensive failure. If you do win and he does not fix his damage to your property/pay a cash lump sum etc then you can place a charge on his house..... he will love that and so will his mortgage lender.

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                  #9
                  Once you're certain that your deeds are correct on the matter and not in conflict with his deeds, you can send him a letter demanding that he remove his fence and reinstate yours or one substantially similar. If he doesn't comply, you would send a Letter Before Action and ultimately sue him for the costs of reinstating your fence.

                  Comment


                    #10
                    Note that just because your deeds say that you are responsible for maintaining the fence that doesn't make it your fence, just your responsibility.

                    His deeds may also have a similar clause saying that he is responsible for maintaining the fence, so is also assuming that it's his fence.
                    Or may have thought it needed replacing at his responsibility, and a lower one was cheaper?

                    As above, talking to people can stop all these disputes before they even become disputes.
                    Escalating tit-for-tat actions never end well. Usually in court for thousands over what was originally a storm in a teacup.

                    Comment


                      #11
                      what sort of heights are you talking about? If the fence was exceptionally high reducing his light thats a different story. Normal is 5 foot 6 inches

                      If you want a quiet life, instal a second fence on your side to such a height

                      Comment


                        #12
                        Originally posted by nukecad View Post
                        Note that just because your deeds say that you are responsible for maintaining the fence that doesn't make it your fence, just your responsibility.
                        That is strictly the case. However, absent any indication on the title to the contrary (which I have never seen), if a document makes an owner responsible for a particular fence then the assumption has to be that the fence is on the owner's land and accordingly belongs to the owner. Any new fence erected in the same position will also belong to the owner.

                        The key point is that a fence belongs to the owner of the land on which it is erected irrespective of who put it up or paid for it. That means of course that to determine ownership you need to know where the boundary is. The rule of thumb is that an established fence is in the correct position.

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