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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To take down this fence panel?

106 replies

Flossyfloof · 25/02/2019 23:28

I own a house (rented out) which is one of three, with a turning area, parking spaces and drying area. The only parts of the outside space which do not belong to me are the parking spaces for the other two houses. The owner of one of the other houses has put up a fence across one section, effectively annexing it to their house. On the deeds it’s called a drying area. It’s overlooked by their back window (sitting room) and my kitchen. I have asked my letting agent to ask him to take the fence panel down. This was several weeks ago. He Wibu to take it down myself?

OP posts:
IncognitoIsMyFavouriteWord · 25/02/2019 23:30

Yes, it's their fence panel. You cannot touch someone elses property.

Flossyfloof · 25/02/2019 23:31

They’ve attached it to my fence panel and it’s on my property!

OP posts:
Muddysnowdrop · 25/02/2019 23:32

I didn’t think land labelled as drying greens could be divided up.

Steamedbadger · 25/02/2019 23:32

We need a diagram!

Dothehappydance · 25/02/2019 23:33

Is the fence panel on your property?

If so you need to speak to the neighbour and/or engage with a solicitor, just taking it down may badly escalate things.

ChasedByBees · 25/02/2019 23:34

I’m a bit confused about where it is in relation to the parking and your property, but maybe speak with them yourself? Otherwise getting legal advice might be wise.

Flossyfloof · 25/02/2019 23:36

Imo it shouldn’t be divided up. Firstly it belongs to me; secondly it is a communal area, for use by the three houses. The fence panel they have put up (against my garden fence) blocks it off a bit, leaving a gateway sized gap into the drying area. Because of the configuration of land and houses, the drying area leads onto the side of their house.

OP posts:
Muddysnowdrop · 25/02/2019 23:37

It’s a shared drying area. They all own it.

Flossyfloof · 25/02/2019 23:37

The fence panel has been nailed into my fence and is on my property. I own it but all 3 houses have the right to use it.

OP posts:
Flossyfloof · 25/02/2019 23:38

No, I own the drying area.

OP posts:
Drogosnextwife · 25/02/2019 23:38

Oh watching with interest because we want to split our drying green with the neighbour upstairs and can't get an answer as to what we should do at all.

Muddysnowdrop · 25/02/2019 23:38

My deeds when I had a shared garden specified what you could and couldn’t put in it. There was some talk about a neighbour who put a shed up and it wasn’t really allowed.

VelvetPineapple · 25/02/2019 23:40

Why does your letting agent need to write to them? Write to them yourself? Give them 7 days to remove the panel otherwise you’ll remove it yourself.

Flossyfloof · 25/02/2019 23:41

I don’t want to split anything, the neighbour has fenced off a section which leads to the side of his house. I own the land, it’s marked as mine on the deeds. All they own is at the front and side of their house and a parking space.

OP posts:
Flossyfloof · 25/02/2019 23:42

I asked the agent to desk with it as I thought they were the agent for the other house owner too and because I pay them. I’ve since found out that the agent has ditched them.

OP posts:
ChesterGreySideboard · 25/02/2019 23:42

So there are three houses which all share this space, but actually you own it?

Are you in England? I think the laws etc might be different in England, Scotland and Wales.

Flossyfloof · 25/02/2019 23:42

Thanks all for taking the time to respond.

OP posts:
Flossyfloof · 25/02/2019 23:43

That’s correct Chester. Yes, England.

OP posts:
TheMostBoringPersonEver · 25/02/2019 23:45

Diagram definitely needed!

VelvetPineapple · 25/02/2019 23:46

So it’s the tenant of the other house who has put the fence up? Not the owner? In that case write to the tenant and send a copy to the landlord. Tell them to remove it or you will.

Muddysnowdrop · 25/02/2019 23:47

I don’t understand why you own something but they all share it.

TheInvestigator · 25/02/2019 23:47

Either you need to write to them explaining and demanding removal plus any repair work your fence requires from their nails (include a copy of the deeds showing ownership) or have a solicitor write to them on your behalf.

You probably could remove it and place the panels back onto their land if you want too but try the letter first.

Flossyfloof · 25/02/2019 23:51

There are 5 parking spaces, one per house ( individually owned) plus 2 for visitors. I have sent copies of the deeds showing this on loads of occasions because all the tenants ( including mine) park anywhere. The deed show clearly that I own all the land except for 2 parking spaces.

OP posts:
Flossyfloof · 25/02/2019 23:52

I don’t know if it’s the tenant or the owner who put the fence up. I have assumed the owner but either way it’s the owners responsibility, I think, even if the tenant has done it.

OP posts:
Mitzimaybe · 25/02/2019 23:59

Diagram or it didn’t happen.