Is neighbour being U?

[nowanexpertloounblocker]

I've just gone into the garden and noticed that the neighbour has fixed rows of spikes all along our adjoining fence! I assume it's to stop our cat getting into his garden, as another neighbour told us that he had been moaning that our cat jumps over the fence into his garden and annoys him by sitting on his outer windowsill. He's never mentioned our cat to us directly, though I'm not sure how I could prevent a cat from wandering around wherever it wants short of keeping her locked in the house all day and night forever.

Aside from him not even asking, even though I walked past him earlier today, it looks horrendous and my house is on the market!

Is he being unreasonable?

Yes, he is. Your cat will find a way round anyway.

Not even sure if it's legal!

Who owns the fence?

I would go around and say that you completely understand that he wants to keep your cat out (even if you don't), but that you are worried that this will make your house harder to sell.

Presumably he wants rid of you (and your cat) :)

Pop a marshmallow on top of each spike.

Or a jaunty flag.

its not your fence is it?

What if the cat jumps up and cuts her paws open on the spikes? And he hasn't even put the spikes all the way round his garden, she will probably just jump over another side. So he will still have a cat staring at him through his kitchen window as well as a horrible spiky fence. And we will have to live next door to him forever because who's going to buy a house with fucking spikes on the fence!

Well it's our adjoining fence, so both of ours. The people who we bought the house off put it up and paid for it.

Then it is your fence. Take the spikes off and put them through his letterbox.

Adjoining fences are still owned by one person...you'll need to look at your plans.

What are the spikes made of? Wood or metal?

Going to check the spikes now. I have my mortgage stuff lying around somewhere from when I bought the house a couple of years ago, will that info be in there?

are they the brown plastic spikes?

I think as a rule, 'your' fence is the one to the left of your house. But if the previous owners paid for it, then it sounds like it's yours.

Hmph. Can't find anything that says who owns the fence.

The spikes are plastic, but pretty sharp. Just opened the front door and neighbour was standing in his drive, I completely wimped out of confronting him and hissed at DH 'go on, tell him then!' and DH refused and said that he didn't think it was a problem! Yes it fucking is!

I have willow screening at the back of my garden, and my cats can't get in to garden that way, as it is higher than the fence and too thin to get purchase on it. That doesn't hurt them.

They are my cats BTW

tyler yes they are brown and plastic. Loads of little spikes, two on each row.

Ah, if you both own the boundary then he should have consulted you.
Boundaries are not usually jointly owned, it's usually one or the other, are you sure you don't own it completely?

What Sarky said, and the spikes will not keep cat out at all.

It may well be on the title to the property. If the title refers to a Transfer then check the transfer plan as it is usually shown with a 'T' mark on it. If this mark appears on the affected boundary then that means it is owned and maintained by you which means you can take the spikes back down.

I'm not entirely certain but if the title deeds are silent, then I think the presumption is that you are responsible for the repair and maintenance of the right hand boundary when looking from your house out to the garden (but don't take that as the gospel!).

Before taking any steps it might be worth pointing out the legal position, the fact that you are trying to sell and the potential issues that could arise if your pet or any person was injured as a result of the spikes being placed there. What sort of spikes has he placed there? I think there are certain types of spikes/ deterrents that are actually illegal (e.g. broken glass embedded in walls etc.) so might be worth investigating if you don't get anywhere with him.

Perhaps also discuss with him what sort of cat deterrent measures you can agree to as well (although not being a cat owner I have no idea what these are!

the plastic spikes are legal. Uncomfortable rather than dangerous

I don't think it's that much of a big deal TBH, I think the cat will be smart enough to go round the other way. It would piss me off if he stuck them to MY fence though.

You have to accept that some people don't like cats, and it's his right to try to deter them.

It will be in the search info soliciter procured during conveyancing (are you in England); you paid for that info, you should still have it, colour coding on who owns which of your boundaries. Local Authority has all the info online now so not too dear to get hold of again (I think).

If the previous owners of your house put the fence up then would think it is your fence, cheeky git!

I'd definitely be taking them off if our neighbour did that to 'our' fence.

But maybe having a think first about what you could suggest to help with the 'cat wandering' problem. Or talk to him about how you will be, hopefully, moving soon.

If the previous owners paid for it it is most likely yours. If it is on the left (with your back to the house) it is often yours but not always and, theoretically, you have the "ugly" side of your own fence (which s odd). None of these are conclusive mind you.

The deeds for the house should have a plan with the boundary you are responsible for marked or it should say somewhere.