Fence on boundary

[SW17Lady]

Next door neighbour wants to take down my fence and put up a new one at his expense on my land and our boundary line. Has already ordered 6 foot fence panels. Current panels 4 foot with 1 foot trellis and 6 inch gravel board. I wanted a lower fence as garden is narrow and I have also paid a small fortune a have trees removed from another neighbour's garden to let in more sunlight - this also benefits my next door neighbor and on asking a few times he didn't want to contribute to the tree removal costs. I now stuck with his choice of fence height as he didn't discuss this with me before he ordered the fence. Has also arranged for workmen to install fence in a week's time.

I have said that if I allowed them to put fence on my boundary then I should have the option to paint my side - he has said I can do this only if the paint doesn't run through on his side. This fair enough but I can't guarantee the paint won't run on their side.

I had many questions about the fence installation, which he couldn't answer. I suggested we meet with his fence contractor to discuss before I can decide how to proceed and have supplied him a written list of questions at his request. He says he is not free any morning next week as I have said I can make any day and time of his choice. to meet

I have suggested given the above, they leave my fence exactly where it is and install their fence inside their own boundary allowing me room to remove my fence and posts and install new ones. I have also requested we meet his fence contractor again and await his reply.

Any other views and comments on what approaches I can use are welcome please as the work is due to start shortly and I just don't to come home one day and find they have ripped down my fences!

[cavalo]

Honestly, I think you should insist that the fence goes on his side of the boundary. It doesn't sound like your neighbour cares about what you want, or respects you very much. Keep your fence up, he puts his up, you can change yours in the future if you wish.

[Isitjustmeorisiteveryoneelse]

IF it IS definitely your land then NO NO NO! Do not do anything that will set a precedent. Just tell him you've changed your mind and you want to keep the fence that is on your land as is. If it turns out to be necessary you can get basic boundary advice from a specialist solicitor for approx GBP200, it's usually worth it tbh if it escalates boundary issues can get out of hand.

[Yuckky]

I have suggested given the above, they leave my fence exactly where it is and install their fence inside their own boundary allowing me room to remove my fence and posts and install new ones

I'd do this. (Then you can remove your fence and not bother putting up a new fence, presuming you are not required to by way of a covenant/deeds)

I wouldn't let him put his fence on your land.

[shovetheholly]

This sounds more like a legal issue than a gardening one - maybe cross post in that forum, if you haven't already?

[galaxygirl45]

You need to consult your deeds about whose boundary it is - our rh neighbours are a complete pain in the arse, and we shared a planted hedge until this year (it was here when we moved in). They moaned endlessly about it, despite our maintence of it and when they started dumping the clippings back over the hedge into our garden, DH had had enough. We got our deeds from the Solicitor, and realised it was their boundary but due to the cost (it was over £2k from front to back, its a long run) we paid for half each. If he wants to put a good quality fence up and pay/maintain it, then I'd let him but put it in writing to him that it is only to go on the existing boundary and not into your garden. By putting higher panels up, he may be wanting some more privacy which doesn't seem unreasonable.

[gingeroots]

I agree about this being a legal issue . Also agree about him leaving your fence where it is and him putting his up on his boundary .

However if it all becomes a fait accompli and he ignores you my tip would be then to write to him recorded delivery /hand him a letter ( from a solicitor if you can afford it ,if not write it yourself) just to say that you are giving him permission to put his fence on your land .

I know this sounds counterintuitive but apparently it means that you retain the right to withdraw that permission at any stage and so prevents him from claiming rights to your land conferred years later by long usership .
As I understand it .

[Isitjustmeorisiteveryoneelse]

That last bit from Ginger is correct - it's called Adverse Possession - if the fence somehow does end up on your land, record somewhere (solicitor) that you give permission for him to use your land.

[SW17Lady]

Thanks everyone. Cannot recall deeds showing very much about this and I'd rather spend the money on buying an uber-premium fence the same as his so Ic an also make all three sides look the same.

Neighbour has responded to the height issue by sending me a planning link that tells us that the allowable height on boundary for fences is 6 foot 6 inches (or 1.83 for fence and 0.15m for gravel board = total 1.98m) before planning consents are required.

I have to play the game a little. So I have thanked him for the info and I have requested again to meet him and his fence installer so my questions can be answered. I have said that my decision as to where the fence should be put up will be dependent on the answers I get before I decide.

The boundary is also not quite straight as when I installed the fence so it is an opportunity to get this right. Will post the next episode soon

Ultimately by forcing him to build the fence on his land and leaving me enough room to remove my fence post gives me two options: Either put up a new one or take mine down and don't replace it at all. The second option will give me well 4 inches (or 100mm) extra room which in a London terrace is worth something and save me money. If he puts the fence on his side, he will also have to remove a pyrocantha (very hard and prickly to prune) a tree (puts too much shade in my garden) and some other low bushes which I have to keep pruning!

[cavalo]

So the benefit to letting him have his fence on your land is all his, isn't it? Keep up the assertiveness. Your neighbour will have more respect for you if he realises you're not a pushover, and it'll probably make things better in the long run, even if you have one uncomfortable conversation where you have to channel mumsnet "no is a complete answer" / " that doesn't work for me"