Fence boundary question.

Hi

The boundaries of our property are shown on the land register drawing as a red line with no T markers.

The curent physical boundaries consist of a wire fence supported by

4X4 inch posts. The wire fence is stapled to the posts on my neighours side. I have assumed that the posts are on my property with the boundary consisting of the actual wire fence.

I want to extend the wire fence with woodern panels, however my neighbour insists the whole of the fence is contained on my property.

They claim the boundary exists through the centre of the fence posts not the face of the wire fence and want me to move the new fence posts back 2 inches (half the post width) plus the thickness of the new fencing panel (3 inches), i.e. 5 inches in from the wire fence posts.

Can anybody tell me if this centre of the post thing is true, should I move the new posts back 3 inches or 5 inches to retain the new fence on my property.

TIA

Reply to
Dave
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Without wanting to jump to conclusions, your neighbour sounds like a complete arse who wants to gain a couple of inches on his side.

While I'd probably consider the boundary to lie down the centre of the fence posts I'd put the new fence up so that it is as close to this line as possible. IMO this would be perfectly within you rights, and all of the fence would be on your property.

While it is never a good idea to fall out with your neighbours, asking you to move the fence 5 inches from the boundary seems unreasonable. Have they given any reason why they don't really want to co-operate in having a new fence erected along the true boundary?

cheers

David

Reply to
David M

Snip

On the other hand how small is your garden? Would it make much difference if you bowed to your neighbours wishes? Perhaps it would be worth the loss to remain as good neighbours, especially if they are attached. Of course maybe they are of the sort that if you give them an inch they will want a mile, as sadly I have recently found that mine are. :-(

Reply to
Broadback

Is it really worth arguing about 2" ? (less than the width of that sentence)!!

If you want to argue, then if what the neighbour says is correct, it is a shared fence ( even a Party Wall Fence under the PW Act) and any new fence will have to sit jointly astride the boundary line so you get half each and you share the cost of replacement and the cost of maintenance

If what you say is correct then the new external fence line goes back where the wire currently is located, and it is your fence and you pay for and maintain it.

Does the neighbour say who he believes owns the fence, as opposed to the boundary position?

Either way, the new fence should go back in the same place as the existing one.

If need be, erect your fence on your side of the boundary and make sure the worse side (painted in some garish colours) faces the neighbour. When he then builds his fence to hide yours, take yours down

dg

Reply to
dg

If put in properly by the builders, the fence lies entirely on your property and should be flush with the boundary line between properties.

Never heard of anyone trying to divide a fence down the middle before!

Are they first time buyers? Or just total idiots?

Reply to
EricP

On the contrary, an entire estate where I used to live had shared boundaries. The boundary is theoretically down the middle of the posts, and maintenance is the responsibility of both parties.

Al

Reply to
Al Reynolds

Can you fix the fence structure to the posts which are there? If so then tell your neighbour that this is what you plan to do. They will then try and claim that you have to have the "nice" side of the fence facing them, but this is only if the boundary is not shared.

Either they will have to do one of: (i) admit the boundary is yours, in which case the wire is the boundary so you go with your original plan, or (ii) accept that the crappy side of the fence is going on their side and you use the current posts, or (iii) realise that the only way they will get the nice side of the fence is to let you do what you originally planned.

Al

PS Try and avoid a dispute if you're planning to sell before your neighbour, as you will have to declare it during the conveyancing process.

Reply to
Al Reynolds

Put the fence three feet inside your boundary. Then you can use the other side for 'storing' old lawnmowers, washing machines and so on.

Reply to
PM

snip

There seems to be a difference in opinion in the replies as to wether the boundary is down the middle of the posts or the fence facing.

The new fence will be an extention to the wire fence bounding the rear garden, however the builders did not extend the fence between the two properties. The neighbours initial aproach was that the boundary line from the rear should not be extended forward but the space between the houses divided in half (to their advantage). When this ploy failed the response of refusing to have any part of the fence on their property is being used.

So they are not idiots.

Reply to
Dave

This depends on who owns the boundary (according to the deeds). In your case it sounds like a jointly-owned boundary (no T marks on the land registry map).

If the boundary is owned by one side then the fence must be maintained by that side, and must be fully sited on their land, so the fence facing will be *on* the boundary. This has the added effect that the neighbour gets the "nice side" of the fence.

If the boundary is jointly owned, then both sides are responsible for maintenance, and the centre of the fence (usually posts) will run along the boundary. You cannot however force the neighbour to pay half if *you* want the fence changing, nor can you change the fence without agreeing it with the neighbour. If they don't agree to the upgrade of the fence then you have no option but to place it entirely on your land. It can go either way round, but if you put the facing on your side, then they effectively gain four inches of your garden. As a result, you would probably end up putting the facing side right next to the boundary. It is worth noting that this fence is yours, and your neighbour will have no right to do anything to it at all.

This is simply a matter of referring to the plans. If the current fence is placed accurately and the boundary is straight on the map, then the line extended from the fence is the correct boundary.

So, either (i) they own the boundary: in which case your fence must be fully on your own land (ii) you own the boundary in which case your fence must be fully on your own land (iii) the boundary is jointly owned in which case your fence must be fully on your own land because the neighbour is not agreeing to the new fence so you are actually erecting a new fence and the current one will remain (unless of course you can come to an agreement with the neighbours

Sounds like the fence will have to go on your land. It also sounds like you already got more land than your neighbour anyway, so is it really worth having a dispute over?

Let us know what happens, Al Reynolds

Reply to
Al Reynolds

well no-one can really answer that question for you.

OK IN this case it this sounds like it is a new property... can you not ask the builder where they put the fence posts?

In most situations one or other party really knows who the existing fence belongs to, or at least takes a view depending in ig they want the fence themsleves or not. This is possibly the key to the matter. Without resorting to getting a surveyor to sort it out, either ask the original builder, or accept the middle of ethpostsa as the boundary and build as close as possible, with the bright pink side facing the neighbours.

You'd know them better, but I get the impression that they are certianly something.

cheers

David

Reply to
David M

As someone else said it is never a good idea to fall out with your neighbours even if they are behaving like complete pillocks. Unfortunately there a5re few hard and fast universal rules regarding boundaries and fences. Having said that if there are no "T" marks then it is quite possible that it is jointly owned. Take a look here for some detailed information boundary law.

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Peter Crosland

Reply to
Peter Crosland

Give them a couple of inches now & in a few years they'll ask for a coupel more until they have your whole garden :-) Well maybe not quite but why set a precedent?

Reply to
adder

yep. Does the OP really think the fence should be moved 5" his way every time its rebuilt?

NT

Reply to
N. Thornton

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