Boundary issue re fence

[Sunflower6]

Hi I would be grateful for some advice. I do not know who is responsible for the fence at the bottom of my garden. About a year ago the neighbour at the back of my house installed a new fence running parallel to the one at the bottom of my garden about 4 inches behind my fence using concrete posts. This means that it will be very difficult for me to replace the fence at the bottom of my garden which needs doing. I have 3 large shrubs and a shed in front of my fence. The only way I could replace my fence is to ask neighbour at the back to lift their fence panels out of the conrete posts and let me have access from their garden to install a new fence directly behind the one they'd installed. When they installed the fence I presumed they would remove the one at the bottom of the garden - there was only one fence their previously but no they put it directly behind mine. My fence doesn't have concrete posts. A gardener said to me why not just rip down my fence as it is falling down and rely on the fence the neighbour has installed can I do this or could this cause boundary issues?

[Collaborate]

I don't know why you see this as a problem. I'd do as the gardener suggested. There should be absolutely no reason why a competent fencer can't erect a new fence along the line of the old one without disturbing your neighbour's new fence.

To prevent any boundary issues I suggest you take photos of the existing set up and tell your neighbour what you'll be doing. If they say that the existing fence is jointly owned then you can't take it down without their permission.

[thatwomanwho]

Hi,

You would be fine to have just their fence, unless your deeds say you have a duty to errect and maintain a barrier/an animal that you're trying to keep within your land (a rabbit or small dog that could fit under a gap in theirs and cause damage to their garden for example).

If you decide to use theirs you must not attach anything to it (like a trellis or hanging plant pots or a birds nest) or do anything to damage it or make it unsafe/cause damage to their land. Actually if your fence damages it by falling apart you would be liable for damages as this is negligence. If you need to access their land because you want to build a new one you would need their permission or it is trespass.

As previously mentioned if that fence is actually jointly owned by both you and the neighbour (check your boundaries) you couldn't remove it and any repairs/replacements if it is unsafe could be paid for jointly.

www.citizensadvice.org.uk/housing/problems-where-you-live/neighbour-disputes/

Hope this helps (I know you're not in disput but it's good to know what your position if if things did happen)

[wowfudge]

If the title register and title plan for your property and the neighbour's don't​ indicate who is responsible for maintaining the fence then the presumption is that it is shared. It's a bit odd that they didn't speak to you at a before putting their new fence up, but then people do do some odd things. Communication is key.