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Fence dispute with neighbour

(4 Posts)
RoundTheBend Fri 01-Jul-16 18:05:13

Just wondered if anyone can give me some advice? I moved into a new build property and the developers put a fence all around my property because a neighbour had built a conservatory right on the boundary line and it would have been overlooking my garden all the time. The fence they put up was not to my boundary line as the neighbour begged them to give him enough room to be able to get out and clean his windows. So in effect, he has to come onto my land to clean his windows.

When I Completed on the property my solicitor told me to take down all the fences as they were not needed as all my boundaries were covered by neighbours fences.

I have just started to do this but in front of where the conservatory is, I have just simply replaced them with concrete posts and new fences so as to maintain my privacy.

My neighbour came round to see me last night and asked me when I was going to finish putting all the new fence up. I said it was finished. The only bit of fencing I was going to have was in front of him. He has told me he is now selling his property and that, according to him, I have a duty to maintain and retain my fence as any purchasers would be looking for a fence along the whole of my boundary.

The reason I have not put a fence all around the property is because there is a lovely brick wall (his) which sits on the boundary line. I cannot see the need to have parallel fencing. None of the other neighbours who border my property have objected to the fences coming down.

A builder friend has advised me to put spikes in the ground with a piece of wire and say "there you go, my new fence" and let him stew on that. He has also advised that I move the fence in front of his conservatory to my boundary line which would in effect mean he cannot get out to clean his windows. And also to put a trellis on the fence in front of his conservatory so that the final height would be 6ft 6".

I have contacted my solicitor today who hopefully is getting my papers back out to check that there is not a restrictive covenant to say I have to maintain my fences.

What is the point of having two fences? If anyone has experience of this I would be very grateful to hear from you.

Collaborate Sat 02-Jul-16 08:03:39

No point at all. I suggest you do what your friend suggests in all respects. If you allow your neighbour to continue to enter your land to clean his windows he will eventually establish a legal right to do so, depriving you of the use of that part of your garden.

He has a right to enter your land, on giving you notice and you agreeing (or getting a court order) under the Access to Neighbouring Lands Act - but only for essential maintenance. Cleaning windows doesn't count.

Preserve your provoke with a solid fence that is 1mm away from his conservatory. If you allow him to open windows on that side he will eventually get the right to continue to do that.

You do not have to fence your land.

MrsSchulman Sat 02-Jul-16 08:17:45

I would not put a fence up that wasn't on my boundary even if the neighbours were my best friends. We had a new build house where the parking space that was allocated to us was about 60cm in the wrong place. It caused no end of problems because we did not have the land that was shown on the deeds and in the end the builder had to buy the whole house back from us.

RoundTheBend Mon 04-Jul-16 10:05:03

Thank you for replying. I feel confident that I am right and he is wrong but I will wait to hear from my solicitor for the actual legal position once she has a copy of the full deeds and restrictive covenants.

My neighbours checked their Deeds and they all told me there are no restrictive covenants on their properties with regard to fences.

I will be moving the fence regardless now as I do not want him to think he has a right of easement over my property to clean his conservatory windows and I most definitely do not want the new buyers of his property thinking they can too.

He is a silly man. If he had not said anything, I would not have got upset and now want to move the fence right to the boundary. He also I believe will have to declare this as a boundary/neighbour dispute on his sellers forms.

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