Fence dispute...what to do?
Discussion
Part of the shared fence between us and next door blew down in the recent bad weather. This fence has been leaning since we bought our house in 2013.
Next door is rented so we wrote to their landlord last week to tell them about the damaged fence. We suggested taking the opportunity to replace it with a more substantial fence or a wall as 2 panels had come down and 4 out of the 6 posts are broken. Two days later, we came home to find that the fence had been put back up. After discovering this, a letter was put through our door by next door's landlord telling us that they believe the fence to be theirs and think that the fence is adequate and does not need replacing and therefore they would repair it.
What can we do? The paperwork we have shows that the fence is shared and therefore believe they should have notified us before so called repairing it. The repair is bodged. Where one panel was originally attached to our house they have wedged wood between and bashed nails and screws through it to try to hold it up. It looks a mess.
Is there anything we can do to get this replaced and share the cost? If not, can we build a fence/wall on our side of the boundary? Where do we stand with the fence that is already there, would we be able to take it down to erect our own on our side?
Thanks.
Next door is rented so we wrote to their landlord last week to tell them about the damaged fence. We suggested taking the opportunity to replace it with a more substantial fence or a wall as 2 panels had come down and 4 out of the 6 posts are broken. Two days later, we came home to find that the fence had been put back up. After discovering this, a letter was put through our door by next door's landlord telling us that they believe the fence to be theirs and think that the fence is adequate and does not need replacing and therefore they would repair it.
What can we do? The paperwork we have shows that the fence is shared and therefore believe they should have notified us before so called repairing it. The repair is bodged. Where one panel was originally attached to our house they have wedged wood between and bashed nails and screws through it to try to hold it up. It looks a mess.
Is there anything we can do to get this replaced and share the cost? If not, can we build a fence/wall on our side of the boundary? Where do we stand with the fence that is already there, would we be able to take it down to erect our own on our side?Thanks.
Garden fences are not normally shared, they belong to one of the two houses that they divide. Looking from your house into the back garden you would normally have responsabiliy for the right hand boundary, the left hand one being the property of next door.
But this is not always the case. If you only purchased in 2013 the boundary should be marked on the paperwork that you were given by your solicitor during the purchase.
To be honest next door can put up what ever he likes, if you don't like it, as you say you could always put your own fence up on your side of the boundary line to hide his fence, but you can't take his fence down. Make sure you take photo's or years down the line you'll have a boundary despute on your hands.
Try offering to part pay for a new one, but as it sounds like he just wants to spend as little as possible I doubt he'll be keen.
But this is not always the case. If you only purchased in 2013 the boundary should be marked on the paperwork that you were given by your solicitor during the purchase.
To be honest next door can put up what ever he likes, if you don't like it, as you say you could always put your own fence up on your side of the boundary line to hide his fence, but you can't take his fence down. Make sure you take photo's or years down the line you'll have a boundary despute on your hands.
Try offering to part pay for a new one, but as it sounds like he just wants to spend as little as possible I doubt he'll be keen.
Edited by oldnbold on Monday 6th April 06:20
Our TP1 states that any wall or fence separating the property from any adjoining plots on the estate shall be deemed to be a party wall or fence and shall be maintained and repaired accordingly.
Sounds as if there is nothing we can do.
We obviously don't want to pay to replace the party fence which is why we thought about building our own but if we build it our side of the existing fence we will be losing more land than if the existing one was removed and we built ours just over on our side of the boundary.
Sounds as if there is nothing we can do.
We obviously don't want to pay to replace the party fence which is why we thought about building our own but if we build it our side of the existing fence we will be losing more land than if the existing one was removed and we built ours just over on our side of the boundary.It would be a party fence and they would be able to continue to hang things off of it like they do now which is more than likely contributing to the fence leaning in their direction. If it was built our side of the boundary they wouldn't be able to do this as it would be ours and not shared.
Billie92 said:
It would be a party fence and they would be able to continue to hang things off of it like they do now which is more than likely contributing to the fence leaning in their direction. If it was built our side of the boundary they wouldn't be able to do this as it would be ours and not shared.
How do you plan on stopping people hanging stuff on their side? It's a great way to fall out with the neighbours... No hanging baskets. Speak to the landlord. He gets a free fence - and will probably tell the tenants to not hang stuff on it in return!
If it was ours they would have no right to put anything on the fence and if they did we would have the right to get it removed.
Ideally we don't want to go down the route of building something our side but I get the impression as they don't live there, they don't really care so we are the ones left with a lovely house and a dilapidated fence.
If we paid for the shared fence ourselves they are not the sort of people to tell their tenant not to do something, quite the opposite in fact as we found out last year when they told their tenant that they could continue to use our footpath as access to the front of their house.
Ideally we don't want to go down the route of building something our side but I get the impression as they don't live there, they don't really care so we are the ones left with a lovely house and a dilapidated fence.
If we paid for the shared fence ourselves they are not the sort of people to tell their tenant not to do something, quite the opposite in fact as we found out last year when they told their tenant that they could continue to use our footpath as access to the front of their house.
Billie92 said:
If it was ours they would have no right to put anything on the fence and if they did we would have the right to get it removed.
Ideally we don't want to go down the route of building something our side but I get the impression as they don't live there, they don't really care so we are the ones left with a lovely house and a dilapidated fence.
If we paid for the shared fence ourselves they are not the sort of people to tell their tenant not to do something, quite the opposite in fact as we found out last year when they told their tenant that they could continue to use our footpath as access to the front of their house.
You probably don't want to hear this, but you are sounding like the sort of person people dread moving next door to them. This is the 2nd dispute (that we know of) you have had with the neighbour in the short time you have lived there. He probably see's you are a pain in the arse. When you bought the house you knew the fence was old and that next door was rented. You are planning to pay for a fence anyway, so just put it up, either in front of the old fence or replacing the old fence. If they hang something on it and the fence falls down, I would be speaking to the person who put erected the fence. Ideally we don't want to go down the route of building something our side but I get the impression as they don't live there, they don't really care so we are the ones left with a lovely house and a dilapidated fence.
If we paid for the shared fence ourselves they are not the sort of people to tell their tenant not to do something, quite the opposite in fact as we found out last year when they told their tenant that they could continue to use our footpath as access to the front of their house.
The more you bicker with the neighbour's the more you will hate living in your house.
Sorry to sound blunt, but you will be surprised how these disputes can get out of hand.
xstian said:
You probably don't want to hear this, but you are sounding like the sort of person people dread moving next door to them. This is the 2nd dispute (that we know of) you have had with the neighbour in the short time you have lived there. He probably see's you are a pain in the arse. When you bought the house you knew the fence was old and that next door was rented. You are planning to pay for a fence anyway, so just put it up, either in front of the old fence or replacing the old fence. If they hang something on it and the fence falls down, I would be speaking to the person who put erected the fence.
The more you bicker with the neighbour's the more you will hate living in your house.
Sorry to sound blunt, but you will be surprised how these disputes can get out of hand.
We didn't find out that the property next door was rented until after we moved in, not that it should make a difference. If something that is jointly owned is in disrepair then it is joint responsibility to get it sorted at least to a reasonable standard that both parties are happy with. With regards to the other issue, the landlord was misinformed when they purchased their property about access and unfortunately they didn't check their paperwork before signing it.The more you bicker with the neighbour's the more you will hate living in your house.
Sorry to sound blunt, but you will be surprised how these disputes can get out of hand.
We have a fence which is concrete posts and slot in panels.
When the next door neighbour who was renting decided to remove a large bush, one of the panels pretty much was held in place by it, and they left and the landlord put it up for sale. The the wind blew, and that and 3 other panels fell out due to them being rotten. I just bought 4 panels from home base, in a sale and transported them on top of an AX and fitted them. So cheap, not worth the hassle. The new owners were pleasantly surprised.
When the next door neighbour who was renting decided to remove a large bush, one of the panels pretty much was held in place by it, and they left and the landlord put it up for sale. The the wind blew, and that and 3 other panels fell out due to them being rotten. I just bought 4 panels from home base, in a sale and transported them on top of an AX and fitted them. So cheap, not worth the hassle. The new owners were pleasantly surprised.
Billie92 said:
If it was ours they would have no right to put anything on the fence and if they did we would have the right to get it removed.
Ideally we don't want to go down the route of building something our side but I get the impression as they don't live there, they don't really care so we are the ones left with a lovely house and a dilapidated fence.
If we paid for the shared fence ourselves they are not the sort of people to tell their tenant not to do something, quite the opposite in fact as we found out last year when they told their tenant that they could continue to use our footpath as access to the front of their house.
You are creating a rod for your own back. Who cares if something is hung on the fence? You have a life to live. So don't worry about trivial rubbish like this. Ideally we don't want to go down the route of building something our side but I get the impression as they don't live there, they don't really care so we are the ones left with a lovely house and a dilapidated fence.
If we paid for the shared fence ourselves they are not the sort of people to tell their tenant not to do something, quite the opposite in fact as we found out last year when they told their tenant that they could continue to use our footpath as access to the front of their house.
And who cares if someone walks on a footpath? I mean seriously... unless they are damaging something it's better just to get along with people.
It's not what you want to hear - but you seem like you are the pain and not them. I'm not surprised that the landlord isn't interested... Walking down a path... It's completely trivial!
Pit Pony said:
We have a fence which is concrete posts and slot in panels.
When the next door neighbour who was renting decided to remove a large bush, one of the panels pretty much was held in place by it, and they left and the landlord put it up for sale. The the wind blew, and that and 3 other panels fell out due to them being rotten. I just bought 4 panels from home base, in a sale and transported them on top of an AX and fitted them. So cheap, not worth the hassle. The new owners were pleasantly surprised.
We live along the coast so would be ideal to have concrete posts but their landlord thinks broken 3x3 wooden posts are fine. It just seems this situation is not going to get resolved unless we pay for it which seems extremely unfair.When the next door neighbour who was renting decided to remove a large bush, one of the panels pretty much was held in place by it, and they left and the landlord put it up for sale. The the wind blew, and that and 3 other panels fell out due to them being rotten. I just bought 4 panels from home base, in a sale and transported them on top of an AX and fitted them. So cheap, not worth the hassle. The new owners were pleasantly surprised.
Billie92 said:
We live along the coast so would be ideal to have concrete posts but their landlord thinks broken 3x3 wooden posts are fine. It just seems this situation is not going to get resolved unless we pay for it which seems extremely unfair.
It has been resolved. The fence is back up... You just don't like the way it looks!!! You can't dictate the aesthetics of how it should look... photosnob said:
Billie92 said:
We live along the coast so would be ideal to have concrete posts but their landlord thinks broken 3x3 wooden posts are fine. It just seems this situation is not going to get resolved unless we pay for it which seems extremely unfair.
It has been resolved. The fence is back up... You just don't like the way it looks!!! You can't dictate the aesthetics of how it should look... photosnob said:
You are creating a rod for your own back. Who cares if something is hung on the fence? You have a life to live. So don't worry about trivial rubbish like this.
And who cares if someone walks on a footpath? I mean seriously... unless they are damaging something it's better just to get along with people.
It's not what you want to hear - but you seem like you are the pain and not them. I'm not surprised that the landlord isn't interested... Walking down a path... It's completely trivial!
Not trivial when they were wheeling their bins through our plants to get to said path.And who cares if someone walks on a footpath? I mean seriously... unless they are damaging something it's better just to get along with people.
It's not what you want to hear - but you seem like you are the pain and not them. I'm not surprised that the landlord isn't interested... Walking down a path... It's completely trivial!
We just want to get the party fence sorted at shared cost.
Billie92 said:
Not trivial when they were wheeling their bins through our plants to get to said path.
We just want to get the party fence sorted at shared cost.
Okay - thats different. And I agree it's not acceptable. We just want to get the party fence sorted at shared cost.
From a landlord and business point of view they will want to fix the fence as cheaply as possible. Which they have. My advice would be live with it or offer to pay for a new one. Then request they don't hang anything that could damge it from the fence. Make friends with the landlord - don't fall out with him. They want you on side. But not at any cost to themselves or their tennants.
If you want a fence that satisfies your every need then you are going to have to pay for it yourself.
The landlord has made their position clear as they feel what is there serves the purpose of a fence and they do not wish to go to the expence of a new fence. I'm sure they would welcome an offer of a free to them fence though.
The landlord has made their position clear as they feel what is there serves the purpose of a fence and they do not wish to go to the expence of a new fence. I'm sure they would welcome an offer of a free to them fence though.
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