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Party wall, nightmare tent ant next door!

(19 Posts)
The2Ateam Wed 11-May-16 21:20:41

Someone please give me some sensible advice please!!!! My next-door-neighbour has let her property to the council who are using it as some sort of temporary accomadtion for vulnerable women and their kids. The last lot managed to break garden post and make fence unsteady. I texted landlord who promptly said it had nothing to do with her as it was her our boundary. Land registry say it's a party wall. Que new tenant and high winds which have blown fences down. She keeps complaining to council who keep telling her, landlord telling them wall is ours. We have offered to pay for half, landlord refused. DH now digging heels in and saying we wil ignore whole thing. Someone please help, very stressful.

jellycat1 Wed 11-May-16 21:39:51

I believe if it's a terrace, you're only responsible for the upkeep of the boundary on one side and further believe that's the left hand side as you look at your house face on. That's where we are anyway. Interested to hear others' input.

PigletJohn Wed 11-May-16 21:57:49

Nobody can make you mend your own fence. Or theirs. If you don't want to.

The2Ateam Wed 11-May-16 21:58:01

That's interesting jelly car. It is a terrace and it is the right hand fences. Surely as a tenant she must have some responsibility?!

EweAreHere Wed 11-May-16 22:07:48

I believe you are responsible for the 'ugly' side of the fences surrounding your garden if they're 'shared', i.e., the side with the posts and cross beams showing.

Palomb Wed 11-May-16 22:11:26

If the boundary is your responsibility no one can force you to install or maintain a fence.

If the boundary is your neighbours responsibility no one can force them to install or maintain a fence.

If the fence matters to you it sounds like you will have to fix it regardless of who's boundary it it.

MrsPigling Wed 11-May-16 22:11:45

It depends on what it say on your deeds. In our case (terraced) our fence is on the right. Do you have a copy of your deeds?

Palomb Wed 11-May-16 22:13:41

The 'every owns the left' or 'the one with the wrong side of the fence owns it' things are just untrue. All boundary are different. The only way to know is to look on the deeds.

wowfudge Wed 11-May-16 22:15:38

Sorry but it's rubbish that if it's a terrace you are only responsible for one side. Sometimes that is the case - and the title register will show this, but OP you have stated that Land Registry records show it is a party wall. I suggest you write to the owner with a copy of the deeds and asking her to contribute to the maintenance and repair.

However, if council tenants damaged it in the first place though, surely it's the council's responsibility to fix it? Did you report the damage to them at the time?

The2Ateam Wed 11-May-16 22:22:47

Thanks All. So deeds say shared/party wall. I didn't report original damage to council but went straight to land lord as know her being ex-neighbour. We offered to share costs. She refused and said 'It wasn't her side'. Her new tenant complaint as recent weather has completely knocked down fences. We are stuck in the middle somewhat.

DooblieDooo Wed 11-May-16 22:35:40

You can get a copy of your neighbour's deeds to see if they reflect the same share boundary information. Have a look on Land Registry website. That way you can tell your neighbour that both sets of deeds confirm it is a shared responsibility.

Unfortunately a shared boundary does not mean a shared responsibility to erect or maintain a fence unless it explicitly states this in the deeds. I have had that in the deeds before, it specifically said a fence had to be maintained.

Sometimes one person wants something more than the other and you may end up in that situation. So one person stumps up the cost of the fence. The property could be let in future to people you don't want to be able to see/have dealings with or a child constantly in your garden retrieving their ball.

The2Ateam Wed 11-May-16 22:44:12

Very true Dooblie x

Bitofeverything Thu 12-May-16 00:00:04

Quite often, on the title plan, there will be a sort of "T" symbol on the boundary - and that marks the side responsible for the fence. Worth looking on land registry?

SecretSeven Thu 12-May-16 08:28:41

Sounds dreaful OP.

If it was me, I would just pay up, and put a fence up in the cheapest way possible. Then, grow something sharp on the other side so they get prickled if they try to climb over it. Roses or blackberries would do.

Sounds harsh and of course I understand people end up in that sort of position through no fault of their own, but you don't want next door's kids doing stupid things with your fence.

wowfudge Thu 12-May-16 09:26:27

OP - I think you need to speak to the council about the fence and that should have been your starting point. Try them and see how it goes. The council will have a contractual relationship with the owner and that should set out who is responsible for what when it comes maintenance issues.

QOD Thu 12-May-16 09:48:10

I'm very awkward and our fence that we are responsible for is at the end

JonSnowsBeardClippings Thu 12-May-16 09:59:16

How is this a nightmare tenant? The wind blew the fence down and it's not the tenant's job to fix it

The2Ateam Thu 12-May-16 21:10:15

She is a nightmare, hence why I don't want to see her face when I am in my own garden.

The2Ateam Thu 12-May-16 21:11:33

Thanks for all the really good advice on this thread. I am very inclined to just fit a new fence to protect me from said nightmare tenant and future tenants. Just have to convince DH now!

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