To stop neighbours moving fence?

[Babyshine2020]

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?

£8000!!!

Is it made of gold?

Worth checking the deeds but I'm not sure there is much you could do other than putting a fence on your own drive/land to differentiate.

Ask gardenlaw.co.uk/ - I’ve found it very useful

Why don’t you say you want the fence to stay but happier for them to pay for shorter panels.

@Minnie888 it's the resin colour tarmac - we had quotes up to £15000 so we got it pretty cheap to be honest!

I have an issue with it as it stops there being any boundary between the end of our drive and their land. They use our drive as a football pitch as it is. When we wanted to put lights in the edge of our drive (that lines with theirs, get them properly wired in) they asked us not to as it would make it harder for them to use their drive (they currently open their doors on our drive) so we didn't do it, and now they want to move the fence that is our final bit of distance.

Check your deeds.

I'm also in a new build and am using the lockdown as an opportunity to apply weather proof paint to my fences. I was surprised to read the fence separating my garden from my neighbours is in fact 50/50.

I asked for clarification (as my neighbours are a nightmare and I don't want to approach them - they are extremely volatile) and got the following response:

Neither you, nor your neighbour have an exclusive right of ownership to the fence, only on a joint basis. Maintenance of the fence should be mutually agreed between you both with each neighbour preserving the integrity of the fence jointly. If your neighbour does not wish to carry out the weather proofing to the fence on their side, you could request temporary access to carry out the work yourself, should you be prepared to do so.

I suspect you will find yourself in a similar position. As such, they have no right to move the fence without your explicit consent.

What are they planning to do with the area of garden that will now be behind the driveways?

A boundary does not have to have a fence or hedge marking it but if this is a newish build I would check the deeds to see if there is anything about maintaining the fence. There is in mine and my house is 20 years old.

It states all boundary walls and fences must be maintained, ie there has to be one and the fences are a shared responsibility.

Technically there isn't anything you can do to stop them, but equally there is nothing they can do to stop you erecting your own fence on the boundary. I cannot see what they will be gaining from moving the fence.

Are they n*b heads or can you go round and have a chat (2M shout) with them? I would do that to start with

Why do they need to move the fence?
Can't they just put the blue bit where they like, and remove the part if the white bit that is on their land?

Did you do a thread about the lights previously? I’d want a definite border fence between your boundaries. It sounds like they’re pushing the limits constantly.

Just ask them to leave the fence where it is but replace it with a lower one? You get a boundary, they get more light.

Ah resin, fair enough! New build drives are a nigh5mare and I get why you would t want the fence moving. As I say check deeds and see if it says anything in regards to covenants too. Depends though if you want to pick a fight over this, they've said they want to do it and if you say 'no' it may not count for much. Is your drive big enough to put your own fence up?

I thought that you were supposed to put the good side of your fence facing the neighbours?

@YinMnBlue I believe that is the unofficial etiquette when installing a fence in your garden. However new built estates tend to come with fences already installed by the builders.

Still none the wiser!

Does the red mean us?

@Babyshine2020 my deeds diagram was very similar - however there was a section in writing concerning fences. It basically said fences backing on to the woods/roads were 100% my responsibility - and those backing on to neighbours were 50/50 as per my statement above.

The red just shows your boundary surely?

@TimeTravellersHat ah ok, I looked very quickly as my husband thinks I’m overreacting. I just want to know where I stand before having another chat tomorrow with them about it. I’ll read the actually text tomorrow but I feel like they can’t do anything without us and if we put something back up it’s tough.

Thank you allz

That’s a really strange boundary with that little hook in the diagonal line!

OP, the red line is what you own. The bit about who owns what fences etc will be in the Transfer (TP1) (I think usually in the Third Schedule). Your main title deed document will have Sections A, B and C but probably won’t include details about boundaries.

I’d say let them add in a fence if they want to, but that long line of fence stays where it is and they can take out the short (vertical) piece of fence on their drive. I don’t quite follow what they’re trying to achieve! Obvs they can do what they want in their land, but you should be allowed to have a fence too. If they take it down, nothing to stop you putting up a fence solely on your land

@Babyshine2020 good luck!

If they are, as I suspect, 50/50 then they absolutely have no right to move it. Furthermore, my deeds state that I cannot erect any fences without consent from the "Property Manager". I have no idea who that person is so I've emailed asking for clarification on that! So they may well find it's not a case of being able to simply erect an additional fence!

Call me stubborn but if it is 50/50 and they were my neighbours there's no way I'd allow it. Why should you be put to additional expense and inconvenience?

Definitely Check your deeds. Not just for who is responsible for what, but also any covenants. We have a covenant preventing us from changing the position of the fence. We can replace it, but not move it or change the layout, even on our own land.

Does the fence follow the red line? Might be the diagram/my eyes, but it doesn’t look like it matches .

I think if you have the 'good side' facing you,then It's their fence. If they are moving the fence from one part of their garden to another without encroaching on your land then I think they can and you have no say in it.

I think if you have the 'good side' facing you,then It's their fence

Not true.

Look at your deeds.

They can take the current fence down but they would need planning permission to put up a new fence along that blue line unless it was a 1m high fence.

As a planning officer, I think it's an improvement in terms of visual amenity. I also live in a very similar layout, but my fence is more straight in line with the front and then 90 degree angle to meet my neighbours (your house). Planting in the front, looks better than a 2m fence blocking their window, I would agree.