Is this fence ours? If so how can we claim it?

[UberTiger]

There's an old fence between us and a neighbour and it's quite low, with a trellis at the top at face height so you can see straight through.

I attached some featherboards to it to make it more solid and increase privacy, now the neighbour is claiming that it's her fence and threatening us with legal action if we don't take it down.

I have offered to replace the existing fence, but they're not interested.

If it is hers, then I accept I made a mistake and I may erect a fence right next to it if that's permissible. But first of all, is there a straightforward and inexpensive way to verify if that is our fence within our boundary?

I've attached pics, and it does look like it's on our part of the wall that continues above their garage to form the side of our house, which leads me to believe it would be within our boundary.

If it's not hers, could we get an authority to grant us ownership and we can proceed to upgrade it?

This whole situation has been quite traumatic and stressful for a family member involved, so in the end really just looking for a straightforward and ideally cost effective way to resolve the privacy issue and get some kind of fence sorted

edit: Pics removed

 

[Burned_Alive]

It does look like it would likely sit within your boundary, but if they erected the fence then it’s still their property.

You need to check plans held with the land registry to see if it’s mentioned. If then deemed to be within your boundary then you could ask them to remove it.

 

[UberTiger]

That's the thing, I don't think the current home owner erected it as they've only been in the property a few years and the fence is definitely much older than that. They may have done minor repairs to it, but they didn't install it.

I did check the title plans and there's only a black line showing the houses, which continue through the gardens with a thicker red line inside that. No T o H indication for fence responsibility. Doesn't seem very clear.

I'm not sure what kind of person could verify the boundary and rule if the fence is within our boundary (and therefore ours?) or not?

 

[Semple]

That's the thing, I don't think the current home owner erected it as they've only been in the property a few years and the fence is definitely much older than that. They may have done minor repairs to it, but they didn't install it.

I did check the title plans and there's only a black line showing the houses, which continue through the gardens with a thicker red line inside that. No T o H indication for fence responsibility. Doesn't seem very clear.

I'm not sure what kind of person could verify the boundary and rule if the fence is within our boundary (and therefore ours?) or not?

Any paperwork that came with the house mention it? I know ours had a page on covenants that covered fence ownership.

You'd have to engage a solicitor to identify the fence ownership, and if the neighbour contests it and it's proven to be theirs, you could end up with a costly legal bill.

Frankly unless the garden is tiny where losing a couple of inches to a new fence is a lot. Or if the garden is very long that it would cost a fortune erecting a new fence. I'd personally say I can't be bothered with the hassle and just stick a 6 foot fence of my own right next to it.

That way the neighbour has no grounds for a complaint and you can maximise your privacy. Heck you could even paint the fence on her side a horrible mustard yellow.

 

[DB_SamX]

It could also be a "party fence" i.e. shared ownership.

http://www.alhughes.co.uk/Whose fence is it - a guide to avoiding boundary disputes.pdf looks like it could be a useful read of your rights. There is several other good guides on them online.

 

[niko]

If it is theirs you have to give access for them to maintain it I think so building up against it could be an issue. Usually if looking on a rear garden the fence on the right if the neighbors and the left yours. The land registry maps should show sizes and placement of garden

 

[joelk2]

we had a plan showing which fence we were responsible for.
looking from the house down our garden the fence to the left is ours. fence to the right is the neighbours.

i dont think this is a given though, sometimes the deeds show it and other times they dont.

RICS have a boundary dispute helpline. 02476 868555 which might be able to help.

i would suggest adding a fence in your boundary line next to the one already up but it looks like that fence is already in your boundary line.

 

[Orionaut]

This is the subject that runs and runs.

From the photo, "Logically", it is their fence.

Perhaps counter intuitively, you show the scruffy side of your fence (Posts, rails and so on) to your neighbour.

Why?

Well, because this is the only way round that you can construct a fence without having to go on your neighbours land.

But really, this isn't absolute and ultimately just depends on what it says in your particular deeds etc.

 

[rubberduck]

Why not politely ask you neighbour for a copy of the documents confirming it is their fence?

 

[Burned_Alive]

This is the subject that runs and runs.

From the photo, "Logically", it is their fence.

Perhaps counter intuitively, you show the scruffy side of your fence (Posts, rails and so on) to your neighbour.

Why?

Well, because this is the only way round that you can construct a fence without having to go on your neighbours land.

But really, this isn't absolute and ultimately just depends on what it says in your particular deeds etc.

You wouldn't bolt your fence to your neighbours house though.

 

[weathmatth]

I was always told that the fence to the right is your neighbors and the fence to the left is then yours to maintain, but that wasn't the case when i bought my place, it was the opposite, so the fence on my right is mine and the fence on the left is the neighbors.

 

[darkgen]

If it's on the boundary, just erect your own fence on your side of the boundary. What are you gonna lose? A few inches (I know, they make all the difference).

 

[SeatIbiza]

Don't get involved in a fence dispute. People are morons and have lost their houses to boundary disputes. You have to dispute them in the lands tribunal which is the most expensive court in the land for some reason. Your deeds will likely be of absolutely no help and all you'll do trying to find out is line a solicitors pockets. Remember the LR PG notes state that the boundaries on plans are general boundaries and are +/- 1m @ 1:1250. If you have original transfers, they may tell you. I've got a business LR account and can tell you if they exist against your title number for free (have to pay to get hold of them but it's only £3 per document).

That being said, as it appears to be on your wall, I would say you own it. Or you certainly appear to own the land it resides on. Is it bolted to your wall?

Like others have said, just erect your own fence this side of it and be done with it would be my general advice.

 

[Conanius]

This is the subject that runs and runs.

From the photo, "Logically", it is their fence.

Perhaps counter intuitively, you show the scruffy side of your fence (Posts, rails and so on) to your neighbour.

Why?

Well, because this is the only way round that you can construct a fence without having to go on your neighbours land.

But really, this isn't absolute and ultimately just depends on what it says in your particular deeds etc.

You wouldn't bolt your fence to your neighbours house though.

This is why you need to check your deeds.

We own all the fencing in our garden. The back fence has the 'scruffy side' facing into our garden, and every single fence run we have attached onto the garages of our neighbours.

There isn't a 'one size fits all' answer. You will have answers in your land registry paperwork - and if it was vague, it should have been addressed and answered as part of conveyancy.

 

[moon man]

strategically placed willow screening (attached to some new posts) or potted bamboo maybe ,neighbour disputes are very stressful

 

[Puzzled]

Stick a shed next to it

Do you want to block it all the way along or is it just 1 or 2 panels?

 

[~Divine~Wind~]

As with others I'd not bother with fighting, simply suck up the extra few inches and install a full height 6ft fence as close to the neighbors fence as possible.
Ours over the back were installing a new fence and said they'd remove the old one, they never did.
I just had our fence build in front of it, the old fence is now pretty much collapsed and leaning on their fence.

 

[UberTiger]

Spoke to the council, they said I could put up my own fence and that there was no regulation with regards to distance gap between them.
Had a fence fitter put a new fence up yesterday. Within my boundary of course, it’s on our side of the existing fence (which I reckon is within our boundary anyway)
It’s no taller than 2m from the ground on our side along the length of it.
Posts long the middle aren’t touching, although some are close.
Boards are a good 5-6” away from each other, so plenty of room to breath.
She comes around waving a google search results print out with something about the fences needing to be 1-2 feet apart.
FML, she just doesn’t give up.
Guess I’ll have to talk to the council again and ask for written confirmation that it’s permissible?

 

[Dyson]

If it's on the boundary, just erect your own fence on your side of the boundary. What are you gonna lose? A few inches (I know, they make all the difference).

Absolutely the best option - no stress, no problem.

 

[Seearbe]

Spoke to the council, they said I could put up my own fence and that there was no regulation with regards to distance gap between them.
Had a fence fitter put a new fence up yesterday. Within my boundary of course, it’s on our side of the existing fence (which I reckon is within our boundary anyway)
It’s no taller than 2m from the ground on our side along the length of it.
Posts long the middle aren’t touching, although some are close.
Boards are a good 5-6” away from each other, so plenty of room to breath.
She comes around waving a google search results print out with something about the fences needing to be 1-2 feet apart.
FML, she just doesn’t give up.
Guess I’ll have to talk to the council again and ask for written confirmation that it’s permissible?

Rest assured, you move the fence back 2 foot and she'll suddenly take her fence down and claim the extra 2 foot of garden!

Despite the constant bad press the council are given, they're actually surprisingly helpful around my way. It could be worth just asking them what they would suggest about the potential boundary issue (I haven't seen the photos but attaching a fence to your property doesn't sound right). If they say something in your favour, you could get them to write it down and wave it at her, not necessarily because you're then going to try and enforce anything but as a way to get her to back down a bit. You know, be polite but also make her know that there are certain things you want in terms of privacy etc and that she can't have everything her way.