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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Is new neighbour a CF or AIBU?

39 replies

queenqueenqueen · 19/02/2019 15:46

We are in the middle of buying a house. When we first went to look around the house there was a slight query about where the boundary line in the garden was. House is being sold by a family friend of a deceased person who lives 700 miles away. We found out that part of the garden we thought may belong to us didn't which tbf was slightly disappointing but we quickly accepted it. The borderline was marked by a wire that was quite buried under plants and was confirmed by estate ageants also. Anyway, I've been back to the house today to measure something, to find the our new neighbor has erected a huge fence with a quite awful breeze block bottom - difficult to explain without a picture which I obviously don't want to add but the horrible breeze block bit is barely visible on their side and completely visible to us. They've removed the original wire fence so is this fence now the border line? Or is it fully theirs? I. E could I grow plants on it? Paint it? Could I even say anything??
I'm probably BU but this has actually put me off moving a bit 🙈 help!!

OP posts:
BollocksToBrexit · 19/02/2019 16:41

If they've put up a fence at the border of their property, why do you think it's cheeky?

Yabbers · 19/02/2019 16:44

I thought it was a little cheeky as they have done this when the house is totally empty even though they know that the house has sold yet
They need to wait until neighbours move in to put a wall up in their own garden?

HeadsDownThumbsUpEveryone · 19/02/2019 16:45

In which case surely you check with your solicitor, although I don't see why the agent would lie, it doesn't benefit them?

I still don't understand what's cheeky. If anything I think they sound like pretty accommodating neighbours as it sounds like they had lost some of their garden to the previous owner of the house you're buying. All they want to do is to make sure it doesn't happen again. Now that the agent has clarified the correct boundary they have put up a fence to stop any further confusion.

redhat · 19/02/2019 16:49

The deeds won't have measurements on them. They're not that precise.

Mitzimaybe · 19/02/2019 16:56

I don't see why the agent would lie, it doesn't benefit them

Disingenuous or what? Agent will say "yes, it's all fine" just to get the sale to go through and get their commission. They don't want to go back to square one finding new buyers FFS.

CoolJule43 · 19/02/2019 17:00

How will an Estate Agent know where the boundary is?

GregoryPeckingDuck · 19/02/2019 17:04

I don’t understand how the house being empty is relevant. They wanted to put up a fence so they did. Were they supposed to wait until someone finally moved in? Anything else they were supppsed to put off until there wasasale?

Bluntness100 · 19/02/2019 17:05

My agent knew where our boundary lay, and told us on first viewing, and he was correct.

HeadsDownThumbsUpEveryone · 19/02/2019 17:10

How will an Estate Agent know where the boundary is?

I presume most do, ours certainly did. Added to the fact the Op has already said they had discovered the boundary was different I presume the agent had researched this.

No agent is going to say yes the boundary is here and that means your garden would be smaller than first thought unless the boundary line had been confirmed. Otherwise surely they are risking the buyer pulling out and having to start the process again?

RageAgainstTheVendingMachine · 19/02/2019 17:21

Excuse to buy a big lovely wide 3 seater wooden swing bench Smile

StroppyWoman · 19/02/2019 17:35

If you want to put up a trellis or plants on it etc you'd need to get their permission.
I think they have behaved sensibly - they don't want part of their property being claimed by someone new so they've put up a fence to enclose their own garden.

filka · 19/02/2019 17:45

To me until you establish who is responsible for the fence and exactly where it is relative to the boundary, it's not possible to determine if anyone is being unreasonable.

Your solicitor will get the plans as part of the title deeds provided by the seller. The plans should have a little checkmark (like T or V) on one side of the boundary which indicates who is responsible for maintaining the boundary. But the Land registry plan is not accurate enough to actually measure the position of the boundary. If I recall, the it's not accurate to more than about one metre.

Though you can't measure, you may be able to find a sight line to another object that is clearly defined on the plan, then go and look in real life. Hopefully the boundary you find by this method is where the buried wire was.

If the other neighbour is not responsible for the fence then anything he erects must be entirely on his side of the boundary. If that's the case then he's entitled to leave you with the least pretty side of the fence as it's on his land anyway. It would then be open to you to put another fence dead on the boundary.

If the responsible person has consented to the fence being put up by the other person dead on the boundary, then it can be on the boundary. But the pretty side would usually be on the responsible person's side, as it would be if they had done it themselves.

Once you work out who is responsible for the fence, where the new fence is and where the boundary is, you can figure out whether the neighbour has either given you some land, or taken it away, or done neither but left you with the less pretty side of the fence.

  • If you have lost land then the solicitor should push that back to the seller's solicitor to resolve with the neighbour, unless you ask him not to, in which case you are effectively accepting the loss of land as the fence will prevent you from using it.
  • If you have gained then strictly the extra land still belongs to the neighbour, but he can't use it because of the fence. Realistically he is not going to stop you using that extra land even though he still technically owns it.

As to growing plants up the fence, I probably wouldn't even ask as all you are doing is growing plants in your own garden. But you shouldn't plant things that are likely to damage the fence panels, such as ivy or creepers that will wheedle their way through the slats, and you should control the plants when they reach the top to stop them invading his side.

As to painting or colouring, you should probably ask and he probably won't object, but you need to be sure that the finish doesn't drip through the panels and leave unsightly drip marks on his unpainted side of the fence.

whatsleep · 19/02/2019 17:46

Sounds like they are putting claim on the boundary line while you are none the wiser. The only person who can clear this up is your solicitor who will have the property deeds. An estate agent most likely wouldn’t see these. Get this sorted out prior to completing your purchase, it is up to the seller to ensure none of the land has been ‘stollen’ not you! Sounds a bit shady to me Hmm

pamish · 20/02/2019 01:01

Massive? Note that there's a maximum height for fences round a property - two metres in the back, one metre on roadside. I think - check before you get out the sledgehammer.

If the concrete blocks are ugly, paint them. Make sure it's not plant-toxic ie use low VOCs.

My neighbours put up a new fence when they moved in and I had to just learn to love it, despite it being six foot high and right by my living room window, where previously there was a lower fence and a load of tumbling climbers. I felt a lot better when I painted it, very pale cream so it reflects what light it can. Now have new climbers doing their best. Try Abutilon Nabob, the deepest red flowers ever.

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