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Neighbour's Fence Blocking Access to House Wall

(33 Posts)
user1492452830 Mon 17-Apr-17 19:28:13

Hi there, I just had a quick question about fences which I hoped someone might be able to help me with smile

I would like to have the walls of my house rendered and repainted. However my neighbour's fence panel is blocking access for the builder to get to the wall. I have asked the neighbour nicely if he wouldn't mind us taking the panel down, but he flat out refused and said it is not to be touched. This is a bit of an issue for us as you can imagine. The builder says they need to put beading on the corner of the wall so they can render to it. Is there anything I can do to access my wall from a legal point of view?

Any advice would be greatly appreciated!

Thanks so much!

Photos:
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Justmadeperfectflapjacks Mon 17-Apr-17 19:30:13

Legally you are entitled to enter a garden to maintain your own property within reason. I would assume removal of a panel and replacement would be acceptable.

60percentbanana Mon 17-Apr-17 19:42:04

I can see why he's so sentimental about his lovely fence hmm

Is the fence even in the right position? Is it definitely his fence, on the deeds? Wouldn't the boundary usually run from the edge of your respective houses, so his fence would have to be placed within his boundary so that the whole width of your house would be within your garden and his fence would be within his?

Coughingchildren5 Mon 17-Apr-17 22:01:17

What a horrible fence. Why is it attached to your house?! I agree with a pp that it looks to be in your garden!

wowfudge Mon 17-Apr-17 22:13:53

flapjacks is partly correct. You are entitled to access to your neighbour's land to carry out essential maintenance of your property if you can't access your property from your own land. If you cannot reach an agreement with your neighbour, you can obtain a court order giving you access.

But, choosing to have your house rendered is not essential maintenance.

SuburbanRhonda Mon 17-Apr-17 22:20:52

Why are you having it rendered? It looks in good enough condition to just paint the brickwork.

Agree it looks like that rather grim fence is over your boundary.

RitzyMcFee Mon 17-Apr-17 22:30:47

That's one ugly fence! I'd be checking your boundary line too. 🕵🏽‍♀️

holidaychocs Mon 17-Apr-17 22:39:54

Why is the fence attached to your property? I'm betting that the reason he doesn't want it taking down is that if you might realise it shouldn't be there?

Spadequeen Mon 17-Apr-17 22:42:15

Agree with others, placing if fence looks odd. Is also absolutely hideous.

carabos Tue 18-Apr-17 07:56:43

Is it asbestos? If it's asbestos it needs to be removed ddq wink.

user1492452830 Tue 18-Apr-17 08:09:31

Thanks so much for all the comments everyone! smile I think (although not entirely sure) that the fence is not physically attached to the wall, it is just butted right up to it- but yes, you would think it should go off the corner instead of in front of it :S. I would like the house rendered at the back because when we bought it, it was already rendered at the front but not the back.
I know, the fence is absolutely hideous, right! You can imagine how bad it looks when you are looking out from inside the living room.

And it doesnt get better as it goes up the garden either!

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pretty sure the flaky paint and rust cant be good for the environment

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Which is all a bit depressing, especially when you compare to the fence on the other side! sad

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AppleAndBlackberry Tue 18-Apr-17 08:15:59

Definitely seems like the fence is encroaching on your land. Do you have a copy of the deeds?

PaddedRoomForOnePlease Tue 18-Apr-17 08:17:03

I have zero knowledge but is the ugly fence actually yours? It 'faces' your garden and the neighbour seems to have their own fence and wall on the other side. Have i got the wrong end of the stick? Check the deeds! You may be able to just rip it out and put a lovely fence in.

PaddedRoomForOnePlease Tue 18-Apr-17 08:18:28

Oops crossed lots of posts

insancerre Tue 18-Apr-17 08:20:06

Find the deeds as that fence looks like it is in your property
Can you afford to put up new fencing?
I would be tempted to send him a copy of the deeds and tell him you are reclaiming your boundary and he can have his fence back

SecretNortherner Tue 18-Apr-17 08:50:07

Wait for a windy day and give the ugly fence a bit of a shove? Then render and replaced with a pretty fence grin

Pradaqueen Tue 18-Apr-17 09:10:35

The boundary line on deeds is only valid to + or - 50cm. I know this from a very costly and very bitter battle with a very obstinate neighbour to a property I renovated two years ago. Tread carefully before creating a boundary dispute accidentally or intentionally - without resolution you may make your house difficult to sell. The way I see it, you have the following choices; 1 suck it up (not ideal but the quickest solution) it won't sort your render issue though 2. Put up a new fence inside his fence to cover it up (be aware you cannot attach anything to his shonky fence not use it to prop up your new one) but you will lose a small amount of land but ulimately your fence will look nicer and there is nothing your neighbour can do to stop you. This will not sort your render issue though. 3. providing the fence has not been subject to an adverse possession of the land for 14 years you could engage a boundary determination expert who will advise you down to the last cm where the boundary is and get your neighbour to reposition if his fence is in the wrong place. Be aware though, although unlikely it may be that the current fence is already in a position that is better than the determined position. A boundary expert will cost you circa £1200. This may sort out your render issue but is not cheap.

Good luck!

wowfudge Tue 18-Apr-17 10:47:48

If the title plan shows the boundary extending from the party wall where the houses are joined onto one another then it is reasonable to have any boundary structure continue that line. The only way you'll get rid of that hideous fence will be to convince the neighbour you'll pay for a new one I imagine.

Where do you get 14 years for adverse possession from Prada - isn't it 12 or 10 years?

wowfudge Tue 18-Apr-17 10:51:45

Just looked at the photos. Are you sure the awful metal fence isn't technically yours, seeing as it is on your side of the boundary where the wood and reed fence faces into the neighbour's garden? It looks as though the neighbour may have removed the section of their fence closer to the houses in order to benefit from a few extra inches of patio, etc. Unless there is a wooden fence on their side and they can't see the metal one?

user1492452830 Tue 18-Apr-17 11:40:03

Thanks again everyone!

Yes, he says both fences are his- the metal one he said he erected 30 years ago. I guess he put the wood/reed fence later on to hide it.

I will have to put a new fence my side, thats fine, but I still feel that I should be able to get to the corner of my house to paint it and maintain it. He has a single story shed thing attached to part of the wall, and I was told by the solicitor when buying the house that only that area is a joint wall, the rest of the wall is owned solely by me- which would include the corner.

SuburbanRhonda Tue 18-Apr-17 11:49:28

Surely he can't see the metal fence from his side as he's erected a new fence on his side? So the only reason he won't take it down is so he can be difficult.

If the corner belongs to you, I'd pursue that angle.

wowfudge Tue 18-Apr-17 12:23:42

Yes you should be able to maintain your wall. Can you agree to replace the metal fence with something more attractive once your maintenance work has been carried out? It seems a very odd set up and is so ugly I'm amazed you or anyone else has put up with it.

Pradaqueen Tue 18-Apr-17 17:49:04

@wowfudge - my solicitor. Trust me, I am a reluctant expert in this matter!

DevelopingDetritus Tue 18-Apr-17 19:11:54

I think if the neighbour is being difficult about you accessing the corner I doubt very much they'll let you take the metal fence away. They obviously didn't want the metal fence eyesore but F their neighbours having to look at it from their garden. Worth asking I suppose. If not then put up another fence in front as other PP have suggested. Paint the wall best you can.

wowfudge Wed 19-Apr-17 02:48:00

Detritus the OP would be entitled to get access to paint the wall as that would fall under maintenance. The fence could be moved then reinstated. Access could be agreed between them or a court order could be sought if no agreement could be reached.

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