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Original poster

Very dull post about fencing

24 replies

Zaphodsotherhead · 29/08/2020 16:05

Just looked out the back and two panels of my fence have gone on one side and one (plus a post) on the other side. Of course, it's Sunday tomorrow so nothing I can do, next door one side have a dog (as do I), I can't afford to get someone in to fix it and both other sides say that the fencing is mine (deeds are non-commital on the subject and both sides are swearing blind that the fence is mine).

How do I fix it? First time fence owner, live MILES from nearest DIY place and I've got work on Monday, limited funds and a fence that appears to be crumbling as I watch!

OP posts:
Gurufloof · 29/08/2020 16:11

The fence belongs to whoever put it up. As both you and neighbour own dogs and presumably dont want them to mix, one or both need to come to an agreement.
For right now chicken wire could work, can be bought in the range or b and m, or online via Amazon. Advantage cheap, disadvantaged if you have big dogs.
Can you get hold of wooden or plastic pallets? Can be found on Ebay or local selling sites for peanuts to free, dont even have to be completely in one piece. For right now just thump into the ground and cable tie to remaining fence or posts.

Original poster
Zaphodsotherhead · 29/08/2020 16:39

Thank you Guru. I think cable ties will be the way forward until I can get new panels in. Chicken wire really not suitable - I have a small dog, but the one side that has a dog has a big one. None of us was here when the fences were put up and next door one side is ADAMANT that it's not her fence. Other side more amenable but they have just spent a fortune redoing THEIR fence on the other side, so not keen to claim ownership of the other fence.

For neigbourly relations and to keep dogs safe I shall repair as far as I can.

OP posts:
Brahumbug · 29/08/2020 17:31

If your neighbour has a large dog, then she has an obligation to keep it under control and out of your garden.

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Original poster
Zaphodsotherhead · 29/08/2020 18:00

My neighbour will, of course, keep her dog under control and out of my garden, why wouldn't she?

OP posts:
Original poster
Zaphodsotherhead · 29/08/2020 18:02

My main problem is living so far from anywhere, having no electric drill and no access to stuff to mend the fences with. Am going to be creative with cable ties, what's left of the fences and some old wood I've got in the garden. That will hold it until I can afford to replace the fencing properly.

I'm just a wee bit salty that I seem to have copped for the fencing BOTH sides of my garden. Obviously one can't be mine, but if both sides keep saying that it's not theirs, I have to do something!

OP posts:
Bargebill19 · 29/08/2020 18:12

Longer term you could look at trellis panels, it a bit cheaper than fencing. You would still need posts. Or you could go down the post and rail type fencing - cheaper to get installed and then face it with chicken wire installed yourself.
Pallet fences are an option if you can get them - ask on Facebook. Always worth posting for help on a local Facebook as someone may have something left over from their own garden renovations that you could pick up cheaper or even offer to help you with labour.

grumpypug · 29/08/2020 18:19

Look on the deeds to see who the fence belongs to. Whoever has responsibility for it replaces it, unless you can come to some agreement.

I wouldn't use trellis or similar if the dogs are likely to bark at each other through the fence, I'd use something more substantial.

Gurufloof · 29/08/2020 18:25

Obviously one can't be mine, but if both sides keep saying that it's not theirs, I have to do something

Sorry but yes all fences can be yours.
Most deeds just say where the boundary is, this is just a imaginary line drawn on the ground between houses. A post and string could mark the boundary. Any fence is the property of whoever bought and installed it.
So if you want a decent fence, you pay and install it, if your not so bothered and neither are neighbours then no fence Is needed. The boundary doesn't change.
So my elderly neighbours didnt want the hassle of fencing or cost, so we paid and put up fences around our garden.

RHOBHfan · 29/08/2020 18:28

The fence belongs to whoever put it up

No, the fence belongs to the party who is entailed in the deeds.

OP - re read the deeds. It may make mention of boundaries being joint (our current house has this) Is there a copy of the title plan in there? They are sometimes marked with T’s

Obviously one can't be mine

Not true - I’ve owned a house in the past that has ownership of all 4 boundaries.

Ellamiss · 29/08/2020 18:29

Checks the deeds or check house sale info pack if you kept it? I am responsible for all sides of my fencing on a corner plot.

RHOBHfan · 29/08/2020 18:29

OP - there’s nothing to say it has to be sorted tomorrow.

Treehuggertastic · 29/08/2020 18:32

If you are still in touch with the person you bought the property from you could ask them if they can remember who put what up?

It’s usually the fence on the right that is yours but can be all of them or just one. It’s not a hard and fast rule. I was told by an old boy in our village who had done what repair and replacement practically for the last 30 years, so that was useful!

Original poster
Zaphodsotherhead · 29/08/2020 18:33

The deeds are non committal on the subject. I even specifically asked the solicitor when I bought the house, because I was uncertain. He just said 'you'll have to come to some arrangement with your neighbours.' I don't think he was envisaging the biblical weather we've had this weekend and all the fences going at once.

I'm assuming, therefore, that the fencing 'belongs' to whoever weakens first. As next door one side have just replaced (at some expense) their fencing on the other side, and my neighbour the other side only uses the house as a holiday home, I'm going to replace both sections of fence. They are the kind of trellis fencing already that has plants growing up, so can be mended to a reasonable (and dog restraining) standard without too much effort.

When it comes to replacing completely - ah, that's when the fun will start!

OP posts:
Ellamiss · 29/08/2020 18:35

@Zaphodsotherhead that wasn’t very helpful of your solicitor!

Original poster
Zaphodsotherhead · 29/08/2020 18:37

@Ellamiss - I know! He was so particular and paranoid about all the paperwork to do with my log burner, yet when it came to the garden he was all shrug and 'pof, what can you do?'

OP posts:
Oldraver · 29/08/2020 19:19

Our house was built in 1998 and there is nothing on the deeds as to whose the fences are.

And yes solicitor and builder very non committal

BurnIt · 29/08/2020 19:27

Most big DIY stores will deliver. sometimes next day

Original poster
Zaphodsotherhead · 29/08/2020 19:39

I live a VERY long way from the nearest big DIY store though, Burnit. And I'd need to see what I was ordering really. And be in for delivery (I'm working the BH Monday).

Thanks all for the sympathy and advice!

OP posts:
Gurufloof · 29/08/2020 22:19

OP - re read the deeds. It may make mention of boundaries being joint (our current house has this) Is there a copy of the title plan in there? They are sometimes marked with T’s
And a boundary is not a fence, being legally responsible for a boundary can involve a post and string or a hedge or nothing. Depends what the plan states. My house has a t marking my boundary. Absolutely nothing says I must have a fence or wall, or what height or standard. So if I want a physical barrier on any boundary (I do) I pay for said barrier.

OP
The garden law website could be helpful.

Original poster
Zaphodsotherhead · 30/08/2020 12:26

Boundaries are clearly marked, ownership of fence isn't. Neighbour one side says that they never used to have fences (which is a bit of a fib, because I've got a picture of the row of houses c1965 and there were fences/walls then, but she may just mean when they were built). She is elderly and only uses the house about five times a year. Other side, young couple with dog.

I've been out and had a look. Tied up one panel to keep it in place. Other side is where a rose bush has pulled a fence post out Ought to be quite simple to replace: cut back rose, hammer in post and renail to fence.

I'm just a bit cheesed off that there's nothing in law that says which is MY fence! I'm not going to cause bad feeling by insisting (but holiday house person is selling up soon and I may be able to agree ownership with whoever buys that house). For now though, the garden is secure.

OP posts:
RHOBHfan · 30/08/2020 17:11

If there genuinely isn’t any mention in the deeds, or title plans, I certainly wouldn’t be paying 100%. 50% max.

Original poster
Zaphodsotherhead · 30/08/2020 17:58

But how do you approach the neighbour who is convinced that it's your fence, @RHOBHfan?
You can lead a horse to water, and all that...

I've tied it up for the meantime. Fence looks pretty rotten so I'm going to have to be creative.

OP posts:
RHOBHfan · 30/08/2020 18:31

@Zaphodsotherhead

But how do you approach the neighbour who is convinced that it's your fence, *@RHOBHfan*? You can lead a horse to water, and all that...

I've tied it up for the meantime. Fence looks pretty rotten so I'm going to have to be creative.

I think I’d be saying something along the lines of ‘I’m not sure what’s led you to feel that way... I’ve checked, but I can’t see anything in the deeds that confirms that.’

Up to them if they want to provide you with something a little more concrete than their opinion, then

Original poster
Zaphodsotherhead · 30/08/2020 19:51

She's lived in her house for a long time (well, she's visited four times a year for the last decade) and I only moved in six months ago. She says that she had to fix the fence on the other side of her garden about five years ago (therefore THAT was her fence, and the one between us must, therefore, be MY fence). It's quite hard to argue with someone who does the 'I've lived here for years and therefore I know how things go'!

I'm not going to argue about it. Looks as though the damage isn't as dreadful as I thought, so I've only got the one panel to worry about. She won't be there for another couple of months, so I'll fix it in my own good time. I'm also lucky in that this is my forever home, whilst she is looking to sell shortly, so if she considers my fix of the fence to be inadequate, she may decide to redo it in order to make it look better to sell!

Honestly, August BH weekend and fencing is the most interesting thing I've got to talk about...

OP posts:
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