Fencing question...
Discussion
Need a bit of advice on this - I'll be speaking to a solicitor but I like to be prepared prior to me having the conversation...
Is there an actual law or rule that says on a wooden fence, the posts have to be a particular side?
Basically, I paid for a fence 18 years ago as the then neighbour wasn't interested. It was a wooden fence with wooden posts, wooden rails and vertical wooden slats. As he wasn't contributing, I put the posts his side (with his agreement).
18 years later, I'm replacing the fence & the current neighbour (been there 10 years) is basically saying that the posts are in their land as they are on the back of the fence.
For reference, the neighbour is a complete nutter.
p.s - I'm after an actual "fact" answer, rather than "it's good form" or "a nice thing to do" etc.
Is there an actual law or rule that says on a wooden fence, the posts have to be a particular side?
Basically, I paid for a fence 18 years ago as the then neighbour wasn't interested. It was a wooden fence with wooden posts, wooden rails and vertical wooden slats. As he wasn't contributing, I put the posts his side (with his agreement).
18 years later, I'm replacing the fence & the current neighbour (been there 10 years) is basically saying that the posts are in their land as they are on the back of the fence.
For reference, the neighbour is a complete nutter.
p.s - I'm after an actual "fact" answer, rather than "it's good form" or "a nice thing to do" etc.
northwest monkey said:
Is there an actual law or rule that says on a wooden fence, the posts have to be a particular side?
NoETA:
But equally Land Registry will tell you that their Title Records are not definitive and must be assessed against actual features on the ground, and if the fence is assessed as being a shared boundary, with the actual boundary being on its centreline, then the posts would automatically lie on your neighbour's side of that centreline.
Does your conveyance plan have any T-marks on it, to indicate the ownership of the boundary, or is there any description of the ownership written into the TP1 (for example, on an estate it may say something like the ownership of shared side boundaries always lies with the property on the left/right).
Edited by Equus on Tuesday 5th April 16:44
northwest monkey said:
I put the posts his side (with his agreement).
the current neighbour (been there 10 years) is basically saying that the posts are in their land as they are on the back of the fence.
the neighbour is a complete nutter.
They sound like they know what they are talking about to me.the current neighbour (been there 10 years) is basically saying that the posts are in their land as they are on the back of the fence.
the neighbour is a complete nutter.
northwest monkey said:
Need a bit of advice on this - I'll be speaking to a solicitor but I like to be prepared prior to me having the conversation...
Is there an actual law or rule that says on a wooden fence, the posts have to be a particular side?
Basically, I paid for a fence 18 years ago as the then neighbour wasn't interested. It was a wooden fence with wooden posts, wooden rails and vertical wooden slats. As he wasn't contributing, I put the posts his side (with his agreement).
18 years later, I'm replacing the fence & the current neighbour (been there 10 years) is basically saying that the posts are in their land as they are on the back of the fence.
For reference, the neighbour is a complete nutter.
p.s - I'm after an actual "fact" answer, rather than "it's good form" or "a nice thing to do" etc.
What is the actual point of dispute with the neighbour?Is there an actual law or rule that says on a wooden fence, the posts have to be a particular side?
Basically, I paid for a fence 18 years ago as the then neighbour wasn't interested. It was a wooden fence with wooden posts, wooden rails and vertical wooden slats. As he wasn't contributing, I put the posts his side (with his agreement).
18 years later, I'm replacing the fence & the current neighbour (been there 10 years) is basically saying that the posts are in their land as they are on the back of the fence.
For reference, the neighbour is a complete nutter.
p.s - I'm after an actual "fact" answer, rather than "it's good form" or "a nice thing to do" etc.
We had this discussion with our neighbour. The issue is not so much which side the posts are but where they are on the boundary line.
So if the outside of the post is on the line; the post is on the neighbours side; and if the actual fence boarding/panel is on the line then the posts are on your side.
Hop that makes sense!
So if the outside of the post is on the line; the post is on the neighbours side; and if the actual fence boarding/panel is on the line then the posts are on your side.
Hop that makes sense!
Mandat said:
What is the actual point of dispute with the neighbour?
This is Pistonheads. Dominating the fence line is a crucial test of your manliness and Fence Ownership Matters.The problem is that if the OP built the fence entirely within his land without preserving any evidence of this, the Land Registry might very well assess that it's now the actual feature defining a shared boundary, and the the boundary now lies on itse centreline... in which case the OP has inadvertently given away a whole 3" strip of land.
Oh the horror!
I love the simple splendour of that answer
The fence knows the answer,and what can't speak can't lie.
Your original neighbors would obviously, only have agreed to the posts being on" their side", if the post sides nearest them were on the boundary ,you therefore " gave away the 3 inch wide strip of land between each post?
Anything in writing,or all just based on nearly 20 year old memories?
The fence knows the answer,and what can't speak can't lie.Your original neighbors would obviously, only have agreed to the posts being on" their side", if the post sides nearest them were on the boundary ,you therefore " gave away the 3 inch wide strip of land between each post?
Anything in writing,or all just based on nearly 20 year old memories?
Edited by astonman on Tuesday 5th April 17:26
NDA said:
This could be the answer!
Unless he disputes it.As above: in the absence of other evidence, the Land Registry will usually assess a shared boundary as lying on the centreline of the boundary feature.
I've been involved in situations where they have assessed that the boundary has 'crept' by several feet over the years, where a hedge forming the boundary has been kept cut hard back on one side and allowed to grow out on the other. No amount of common sense and argument would convince them otherwise.
northwest monkey said:
Need a bit of advice on this - I'll be speaking to a solicitor but I like to be prepared prior to me having the conversation...
Is there an actual law or rule that says on a wooden fence, the posts have to be a particular side?
Basically, I paid for a fence 18 years ago as the then neighbour wasn't interested. It was a wooden fence with wooden posts, wooden rails and vertical wooden slats. As he wasn't contributing, I put the posts his side (with his agreement).
18 years later, I'm replacing the fence & the current neighbour (been there 10 years) is basically saying that the posts are in their land as they are on the back of the fence.
For reference, the neighbour is a complete nutter.
p.s - I'm after an actual "fact" answer, rather than "it's good form" or "a nice thing to do" etc.
This really isn't worth the bother and expense of a solicitor Is there an actual law or rule that says on a wooden fence, the posts have to be a particular side?
Basically, I paid for a fence 18 years ago as the then neighbour wasn't interested. It was a wooden fence with wooden posts, wooden rails and vertical wooden slats. As he wasn't contributing, I put the posts his side (with his agreement).
18 years later, I'm replacing the fence & the current neighbour (been there 10 years) is basically saying that the posts are in their land as they are on the back of the fence.
For reference, the neighbour is a complete nutter.
p.s - I'm after an actual "fact" answer, rather than "it's good form" or "a nice thing to do" etc.
Pica-Pica said:
megaphone said:
You could always put boards on both sides.
Also get concrete posts, then you'll never need to do it again.
Oh yes you will. Concrete posts don’t last forever.Also get concrete posts, then you'll never need to do it again.
Back to the op question lol, the idea that the land owner has the rough side of a fence is so the boundary line remains (technically) fence free. The land owner uses the space of their own land to house all of the fence structure. If you choose to put an additional layer on your side of the fence to hide the posts then so be it.
As already mentioned boundaries can creep and to measure correctly usually starts with the first house built if a terrace or semi. Life is too short to worry about 3” of space that grows a bit of grass. Build a new fence with the posts your side and be done with it.
As already mentioned boundaries can creep and to measure correctly usually starts with the first house built if a terrace or semi. Life is too short to worry about 3” of space that grows a bit of grass. Build a new fence with the posts your side and be done with it.
Can anyone advise on the max height of a fence - legally I mean. I thought it was 2 meters. Maybe less at the front?
I don't wish to upset our neighbours (obviously) but they've put a 2m fence on top of a low wall between our back gardens, so the height is 2.5 ish metres, not only that it continues forwards beyond level with the front walls of the houses
Any advice on what I should do?
I don't wish to upset our neighbours (obviously) but they've put a 2m fence on top of a low wall between our back gardens, so the height is 2.5 ish metres, not only that it continues forwards beyond level with the front walls of the houses
Any advice on what I should do?
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