Please or to access all these features

Add post

Watch this thread

Save thread

Start a new thread

Flip thread

Hide thread

My feed

Active Unanswered threads

Getting started FAQ's

Unanswered threads Acronyms Talk guidelines

Hide shortcut buttons

Talk

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Flip

1 2 3

Original poster

To stop neighbours moving fence?

53 replies

Babyshine2020 · 18/04/2020 20:53

Please see the attached scrambled drawing.

Basically, are we in any position to stop the neighbours moving the fence that is also on our
land - possibly.

I'm not sure exactly who owns the fence, but at the end of the day it is what separates our drive from their land.

We've recently had our driveway repaved so there would also be an issue surrounding who should pay for the damage of removing the fence.

I'm more worried about losing the boundary when we do eventually come to sell up - they wouldn't be able to use the extra land for anything (unless they extended their drive which they said they don't want to pay for).

Their reasons for moving the fence would be to unblock their kitchen window, but all they'd see by doing this is our cars and the side of our house (no street or anything pretty)

If I say no would this stop them being able to do this? Or could they remove the fence without our input?

OP posts:

Tunnocks34 · 18/04/2020 20:56

So they want to cut off their garden? I can’t see they would have an issue legally but if you own the fence you can object to them moving it - nothing to stop them just putting a new fence done though I guess.

NothingIsWrong · 18/04/2020 20:57

They can move the fence but can't you just put another one up on your land? Once you've put your own up that you definitely own and it's on your land, they can't touch it

Tunnocks34 · 18/04/2020 20:57

Which way do the fence panels face? This usually gives a good indication. Does it face you or them?

Original poster

Babyshine2020 · 18/04/2020 20:59

I'm not sure of the legal side of it without getting the paperwork out but we have the "good side" on our land if that makes sense.

We thought we owned it, but they seem to think with it being a new build estate the fences are owned 50/50 now?

OP posts:

LIZS · 18/04/2020 21:00

How does it affect your drive? As long as they made good the holes how would this be an issue? Your title deeds should indicate whose boundary it is, but not necessarily whose fence.

Tunnocks34 · 18/04/2020 21:00

I’d wager you own it then. We’ve just replaced our fence panels and our neighbour definitely Owned one side of it where he had ‘the good side’ so he agreed to go 50/50 for those fence panels.

PotteryLady · 18/04/2020 21:02

I'm in a new build and I was told which fence was mine and it shows on my deeds.

JellyBabiesSaveLives · 18/04/2020 21:02

If it is their fence they can move it. Let them know they’ll need to pay for any damage to your driveway, and that you will be putting up your own new fence on the boundary of your land.

Obviously if it’s your fence they can’t move it!

Original poster

Babyshine2020 · 18/04/2020 21:02

@LIZS we've just had it landscapes and the fence separates our land, if it's gone there's no edging because of the fence

OP posts:

Khione · 18/04/2020 21:02

Who do the different coloured lands belong to? In other words, what colour is you/your garden? Which is them? and what belongs to someone else?

Alsohuman · 18/04/2020 21:03

Chances are if you’ve got the “good side”, it’s yours. Tell them if they take it down, you’ll just replace it. I can understand them wanting more light, though.

Khione · 18/04/2020 21:03

Are they intending to replace the fence with anything?

LIZS · 18/04/2020 21:05

A lot of newbuilds do not have fencing between plots on front gardens and the owner of a boundary is not obliged to fence it. You need to check where the fence posts are in relation to the boundary to determine ownership if paperwork is not clear. However is it really worth falling out over and having to declare it in any future sale?

HappyHammy · 18/04/2020 21:05

Look up the UK fence law. I didn't think there was any legal obligation to have a fence.

betty2020 · 18/04/2020 21:05

We have a new build. We weren't provided with a fence but either side to us were on the (end house the left and other neighbours the right) so we had to buy the left side if that makes sense.

cabbageking · 18/04/2020 21:06

If it is their fence then they can move it back into their land.

You however are free to fence off your areas or use other boundary indicators.
I suggest it looks like a garage would nicely for there.

Have you evidence of paying for the fence. Is it on your deeds? Do they have evidence it is their fence?

LBOCS2 · 18/04/2020 21:06

If it's a new build chances are the deeds will show who has responsibility for which fence - have a look for T marks on the boundaries.

Minnie888 · 18/04/2020 21:06

Worth digging out the deeds and seeing what it says? I'm not sure you could legally stop them if it's 'their' land. Seems an odd way for the developer to have left it?

Imonlymoominafterall · 18/04/2020 21:11

No-one here can tell you - look at the deeds!

Original poster

Babyshine2020 · 18/04/2020 21:12

I'll have a look for the paperwork tomorrow. I understand wanting more light, but we have a works transit van and two cars so realistically there won't be much more light.

They'd essentially be making their back garden smaller by about 18 square feet

I don't want to fall out with them about it, I just want to keep the fence as a differential of land.

We've been discussing it tonight (DH and i) and if they remove it we're just going to put a shorter fence up to mark the end of our drive, we'd easily end up parking in their "garden"/land without the fence.

OP posts:

wibdib · 18/04/2020 21:14

It’s worth getting the documents out and checking because it would be really galling to say they can take it out or even to not stop them and then discover that it is yours and you could have had it left if you wanted!

It might also be worth checking their deeds - one of my my fences on my deeds shows as being owned by my neighbours - but on their deeds shows as being owned by us. Luckily we have nice neighbours and it’s not an issue but potentially could be if we had nasty neighbours and repairs were needed...

HappyHammy · 18/04/2020 21:15

By your diagram wouldnt that extend both your drives and reduce their garden.

Minnie888 · 18/04/2020 21:21

Despite saying they don't plan to extend their drive I'm sure they must realistically be wanting to. There is no other reason to make their garden smaller?

If it's a new build as well there may be a covenant along the lines of not changing original landscaping? You probably don't want to fall out with your neighbour though.

Original poster

Babyshine2020 · 18/04/2020 21:21

It wouldn't really extend our drive as they'd be essentially moving some of their back garden to being on their front/extend their drive until their kitchen window but they don't want to park there so all they'd be look at would be the read end of a transit van which blocks as much light as a transit van.

I'd happily lower the fence, we've already done that in the back as we talk over the fence a lot in the nice weather, it's just the face we've just paid £8000 to have our driveway done to this fence and it'll look incomplete without the fence and open up to arguments/announce ocer parking on each others driveways

OP posts:

Bristolbitsandbobs · 18/04/2020 21:23

Not quite sure what your issue is here?

Flip

1 2 3

Please create an account

To comment on this thread you need to create a Mumsnet account.

Join Mumsnet Log In

This thread is closed and is no longer accepting replies. Click here to start a new thread.