Neighbours fence panels

[Wherearemykeys01]

My neighbour replaced their fence panels over the weekend but they put the new ones in front of the old.
The fence panels between our gardens are falling and causing damage to my garden, they agreed to remove them and replace the panels with new ones.
So they chose to lose around a foot of their garden just to avoid clearing away their damaged fence panels.
I have no idea what to do next. Can they do this? Are we now responsible for these broken panels? I haven’t a clue how to dispose of them if so and we shouldn’t have to foot the bill when they belong to the neighbours.

Is the old fence actually on the boundary?

Which property is responsible for that boundary?

Are you sure they are the neighbours fence panels? As in they paid for them and had ownership of the panels.

Is it a shared boundary or are the old fences on their boundary though even if they are on their boundary they may of agreed for the old neighbour before you to replace them and have the panels the. Belong to your property even if on their boundary with permission.

Who owns the rotting fence panels, can you ask them why the didn't have them removed as promised.

It’s on their boundary and it’s their side, they accepted ownership and it’s on the deeds, we discussed it when they moved in and they said they’ll take it all away and put in new panels. I wasn’t expecting them to shortcut by leaving them there for us to deal with so we have broken falling fence panels still encroaching on our garden space as they’re old and falling apart.

If its their fence then I would ask them to remove them but now they need access to your garden, what a pain.

I would just take them down, dispose of them and enjoy my extra foot of garden.

My neighbour has just done exactly the same thing. I would have been happy to pay half to have the fence inbetween but they’ve put a new fence really far on their side which means I’d have to replace the other fence. Such an odd thing to do.

Well then it’s their fence and their boundary and despite being broken they can leave it there is they wish too.

You can put up your own fence your side of the boundary, or ask them if you can replace them. You cannot remove their fence without their permission though so no it’s not for your to dispose of.

You can prop it back up and ask them to remove it but I don’t think they have too.

Thanks I don’t know whether to send them a note or wait until I see them, they work nights so I don’t want to disturb them in the day.
I can’t leave it hanging into my garden it’s dangerous and an accident waiting to happen, I left it because they promised to remove it and I know the law about touching fences that aren’t yours.
If we have it all removed are we likely to get in trouble or is the fact they have blocked it in made it clear they have given up rights to it?

You'd be surprised how many people will come and pick up old fence panels for free if you take a pic of them for Facebook Marketplace, assuming the neighbours aren't going to finish the job, of course.

They may have got cold feet about replacing the posts and old concrete, sometimes it is easier to install new in fresh ground.

If they have definitely blocked it in without a gate, then they have effectively dispossessed themselves of the land and you can dispose, but I'd double check their intentions with them to be sure

No you can't. It's still their fence and op would need permission to remove it. They haven't got rid of the land by plonking a fence in front of it

If it’s falling in or over just keep pushing it back, if bits are falling off and into your garden pop them back within the neighbours boundaries between their fences.

A note is a good idea if they work nights, maybe a printed photo to show just how bad it is from your side. But they still don’t really have to do anything. They could leave it to rot to the floor and compost basically.

No they haven’t. They have fenced in a parcel of their own land. Likely still accessible by lifting their own other fence. Their land is their land however it’s fenced in. God don’t become a lawyer 🤣

Boundary surveyor advised us to put gates in the fences bisecting our land, near our boundary, to make it clear that we were not dispossessing ourselves of the remaining strip, is all.

Land registry boundary maps and title deeds are a guide, not a legal certainty. A legal boundary agreement only exists in the case of being drawn up especially, typically after a boundary dispute.

OP should clarify with the neighbours if they have surrendered their strip and /or original fence, or if they will be accessing it to maintain it (and if so, how).

At present it would be reasonable to conclude they may have surrendered them, if there is no practical easy access.

This really isn't true. A boundary doesn't have to have a fence or hedge you could use a piece of string if you wanted. Or nothing at all. Placing a fence inside of the boundary means exactly that, it's a fence inside the boundary, it bears no reference to where the boundary lies or that the boundary has changed.

The neighbours still owns the part in between the two fences, they don't need a gate or to prove how they would maintain the old fence and the op still can't touch the fence or the strip in between as they don't own it.

In addition for essential works they can access the op garden. If the op doesn't give consent then they can apply to the courts for an access order.

NoDishiRishi It's really not that simple, and where there is ambiguity in what constitutes a boundary feature (or not), common agreement and clarity should be sought, whether legally or informally.

There is no such thing as an objective legal boundary line (whether there is a feature like a fence, or string on it or not) without spending a great deal of money on having a dedicated (and very expensive) boundary agreement drawn up by a 3rd party impartial boundary surveyor, and lodged with Land Registry.

Most house insurance legal cover products won't go near boundary matters unless such an agreement has already been put in place in the past, due to the otherwise ambiguous nature of boundaries. It is absolutely not black and white.

Instead the vast majority of us rely on common neighbourly understanding and the practice of easy access and maintenance.

OP does need to understand the neighbours intentions for this strip. It is not rational to assume they're going to remove a panel to mow a 1ft strip of grass every week, or remove the old fence. Their actions are contrary to what OP thought the common understanding was, and if the neighbours own the fence it is not acceptable for them to seemingly abandon it for OP to sort.

Did they actually get a fencing contractor in to do the work? You may find the fencing contractors have just shoved a new fence in and left the old (and still charged the neighbours for removal and disposal).

We had a similar type issue with our neighbours gardeners chucking all the mowings over our fence - and yet were charging our neighbours for collecting and taking it away (big lawn, neighbours are out at work when they come, so neighbours were none the wiser)

Common agreement is there though, it's the old fence. The boundary may not be precise to the exact " on the land registry but it would normally be pretty clear in comparison to a house boundary or where the fence has always been with no disputes in the past.

The neighbour is entitled to put up another fence inside their land, they don't have to mow the land left behind and leaving the old fence is their prerogative. It is acceptable if they want to leave it. If the op wants to fence then they can do the same, inside their own boundary.

This is just typical response of people who act like c you can't just take land that doesn't belong to you. They put a fence inside their boundary the land is still theirs up to the real boundary regardless.

Op ignore this stupid response

As its your neighbours fence remember to get permission, in writing, before removing the rotten fence. They are cheeky buggers!

Ffs how lazy do you have to be to do this, cheeky fuckery behaviour