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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

IN thinking the fence posts are mine and CF neighbour shouldn’t be touching them?

109 replies

sweetkitty · 23/07/2018 23:46

Was discussing this with DH and I think I’m right, anyway
We stay in a detached house neighbours both sides, it was a new build about 18 years ago we’ve lived here for 12 years neighbours since houses were built.

CF neighbours paid to have posh 6foot fence put around all their back garden, everyone else has builders bog standard fence. The fence posts are on our side yet CF neighbours think they are theirs. The other side of our garden the fence posts are on the other neighbours side so it’s their fence so we don’t have a side fence IYSWIM.

3 years ago we moved our fence to move some of our front garden into the back this involved moving the fence 90 degrees on the post, CF neighbours wouldn’t let us do this as it beings to them, yes the fence does but not the posts in our garden. To save a fuss we moved the fence in a bit.

I’ve hung ropes for washing lines on the posts since we moved in, the other week CF neighbour had a knife and was trying to cut them down. The rope is around the posts not the fence.

I want to put a shed against the fence for our rabbit but I know they will moan. They moaned about DS kicking a ball against the fence even though their son did it for years. I want to put up a second fence now along their bloody fence against the posts.

So is it true that if the fence posts face your garden it’s supposed to be your fence? CF neighbours think the posts and the fence belong to them?

OP posts:
Query1 · 24/07/2018 08:49

Why don’t you just go and have a conversation with your neighbour? It could work wonders..

ProfessorMoody · 24/07/2018 08:49

Chaffy - thanks! I have never heard that in my life (Wales here). If someone asked me where I stay, I'd assume they meant when I go on holiday!

Interesting Smile

longwayoff · 24/07/2018 08:50

Oh, and buy a rotary dryer

Original poster
sweetkitty · 24/07/2018 08:51

Posh compared to the standard fence the builders put in and the one the rest of us have Grin

I wasn’t there when the fence was erected. It was a new build, instead of getting the standard fence the neighbours paid extra to get a “nicer” fence. The posts would have been the standard ones the builders put in.

OP posts:
BeijingBarbie · 24/07/2018 08:52

Generally you are responsible for the fence on one side of your garden (eg left) and your neighbours are responsible for their left (your right) iyswim.
The posts are part of the fence, usually you have the posts on your side if you own it and the attractive side facing away from you as you would end up reducing the size of the garden if you did it the other way. However it sounds to me like your neighbours have decided they are happy to lose a few inches to have the ‘naice’ side of the fence to look at. Therefore the fence is theirs and they can object but most people wouldn’t - we have trellis attaches to the fence on each side of our garden so technically one side is attached to our neighbours.

Original poster
sweetkitty · 24/07/2018 08:52

I didn’t know about stay/live? Very common up here to be asked “where do you stay?”

OP posts:
HughGrantsHair · 24/07/2018 08:53

So they paid for the fence to be put in, posts and all? That's their fence. You can't touch it. Why would someone pay for a fence and then let the neighbours have it?

My next door neighbours have put fences up either side of me. Neither of them are mine because I didn't contribute a penny.

HughGrantsHair · 24/07/2018 08:56

The whole "you are responsible for one side" means you should ensure a fence is there on that side, not that if a neighbour chooses to put a fence up on your side, you can claim it as yours. How bizarre lol

Original poster
sweetkitty · 24/07/2018 08:56

That’s what I think. The posts were put in our side but because the neighbours agreed with previous owners they paid for the posh fence but they think they own everything. If it had been the bog standard builders fence, we would have had to maintain it.

I would happily loose some garden whack in a new fence to stop them moaning. I have spoken to them about it and was told no they paid for the fence. I don’t care about the fence really just them hacking at my ropes.

They do other petty things too I won’t go into, they just aren’t nice reasonable people.

OP posts:
Original poster
sweetkitty · 24/07/2018 08:57

No! The posts would have went in regardless. They didn’t pay for the posts!

OP posts:
HughGrantsHair · 24/07/2018 08:58

It's really not worth it. Just do what causes the least stress and enjoy your garden. You can't win with nightmare neighbours.

sickmumma · 24/07/2018 09:01

As I understand it if they are cemented in posts the fence panels should just slide between meaning the posts would be 50/50 in each garden and not on one side. I think they are a bit cheeky cutting down your ropes tbh if they have things themselves strung up! However agree your son kicking a ball against them would be very annoying - not just the noise but also the panels that are just spotted in are much more prone to being damaged by a ball like that because there is less movement.

Original poster
sweetkitty · 24/07/2018 09:07

Don’t think it’s panels posts are definitely in my garden, like the other side the posts are definitely in the other neighbours garden. My other neighbours have said that fence is definitely there’s. It’s the builders bog standard one.

How can my DS play football in his garden without sometimes accidentally hitting their fence (they’ve forgotten about their son banging balls off of a few year ago)?

OP posts:
RosyPrimroseface · 24/07/2018 09:08

I'm really confused by all this.
When they put the fence up you agreed to 'move it back into your garden' a bit?? What does this mean? They paid for the whole fence and new posts but it is wholly on your land? Are you sure?

Also you were moving another fence (one already entirely within your garden so dividing your garden from itself?) 90 degrees?? Why? I can't imagine what that would look like apart from giving you a fence sticking out into the middle of your garden.

Jghijjjoo · 24/07/2018 09:09

If your old fence was attached to the post then it sounds like it was a shared post.

Laiste · 24/07/2018 09:13

So (sorry, i want to understand!)

  • The posts were put in when the houses were built and so are as old as the house and all the houses have these same posts. It was understood that each house owned the fence to their left (as you look out of the back door).

The previous owners had the bog standard fence panels, but your neighbors moved in and had better quality one's put in and now say the whole fence is theirs and the posts are theirs too and mustn't be touched.

is that it?

Laiste · 24/07/2018 09:20

And because these neighbors are the one's to your left (as you look out the back door) you've 'lost' your fence to them.

Peterrabbitscarrots · 24/07/2018 09:22

Can you get your own fence, so the side fences are double sided ie everyone has a “nice” side facing their garden? We had this in my previous estate. Everyone just maintained their own fence and there were no arguments as it was clear who owned what.

We currently share a fence with our neighbours. I have no idea who owns what but each of us just paints our own sude, and neither cares what happens on the other side, be it washing lines, hanging baskets etc. We have nice neighbours though

Schroedingerscatagain · 24/07/2018 09:29

Surely if they paid for the original fence to be built 18 years ago the land it stands on now is theirs regardless due to the law of adverse possession

That being the case you technically are the cf trying to move or attach things to something you don’t own

I own my boundary to one side but my neighbour owns the fence on that boundary as it was installed prior to my house being built

Your neighbour was present when the contract for the fence was signed, but you only moved in 6 years after that so we’re not present and therefore not party to the original installation

If I had paid the builders to put an upgraded fence in at the original point of purchase I would rightly have had it installed on my side of the boundary to retain ownership

You really have no proof that this didn’t occur and that the fence doesn’t stand on their side of the boundary

Original poster
sweetkitty · 24/07/2018 09:30

Ok I’ve looked at the Title Deeds and it’s cleared it up. Dividing fences are jointly owned and jointly maintained!!!

Both sets of neighbours clearly do not know this as both have laid claim to each side fence!

Don’t know how that would work with CF neighbours as they actually paid for the fence when the houses were built 18 years ago (they didn’t have to they chose to have the nicer fence). Since they paid for it they’ve laid claim to the fence and the posts in my garden but according to Land register they are jointly owned.

Peterrabbit - that’s what I want looking after our own sides sticking up what we want and not caring!

OP posts:
Original poster
sweetkitty · 24/07/2018 09:31

I am not disputing that they own the fence! I attached ropes to the posts on my side of the garden, after 12 years of them being there they are trying to hack them down because they think they own the posts as well as the fence!

OP posts:
JessieMcJessie · 24/07/2018 09:34

Regardless of who owns what, this relationship must have deteriorated completely if they are cutting your washing rope instead of talking to you and asking you to take it down. That is childish in the extreme. Can you try to be the bigger person and go round and ask what their concern is- eg is it that the rope looks ugly on their side, or that they are worried the tension will pull the post down, or what? It can’t be nice to live with such aggression over the fence. If you assault them with charm then you have the moral high ground.

Getting proper washing poles cemented into the ground in your garden would look much nicer though.

Oh and people commenting on legalities of ownership OP is in Scotland so English principles aren’t relevant.

Original poster
sweetkitty · 24/07/2018 09:34

I do think they are CF by agreeing with the previous neighbours to paying for a fence then when we move in saying oh it’s our fence you can’t touch it or the posts it’s all ours. We didn’t ask for them to pay for it, just because they were there first and put it in, we can’t put anything up on it but they can? I don’t think that’s particularly fair.

OP posts:
Original poster
sweetkitty · 24/07/2018 09:39

According to the title deeds the boundary split is the actual fence not the posts which are in my garden. And we both are responsible for the fence. It’s just things like they’ve painted it a different colour to the rest of my fence so I have 3 sides red and one side brown. I did allow them into my garden to paint it as I knew it’s their fence.

OP posts:
Notonthestairs · 24/07/2018 09:39

Couldn't you get a whirlygig dryer. It would be a lot less hassle.

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