AIBU - boundary wall, new fence, diagram included

[rainyskylight]

Hi All,

Please, wise MNetters, help a soul out with a neighbourly dispute over the location of a new fence (theirs).

Key facts:

• Victorian terraced houses
• The party wall is a “fence” type, and so the outer wall to the back of our house next to their back door is actually half theirs.
• The existing fence post is attached to the back of our house and has been rendered around the outside.

Neighbour is proposing to replace the existing fence post and is very concerned so as to centring the new post on the middle of the party wall. This means moving the fence post position slightly further over to our side. Then, all the other posts would be centred along that line.

However, in addition to the new post being edged over towards us, it will also be bigger. So centring it over the boundary line would mean 1) making an ugly mess of our rendered wall and 2) the new post and fence would be 1inch further onto our land.

Our take on this is that:

• The outer edge of the new fence should run along the boundary line
• Thicker fences and posts are also encroachment
• Technically, if anything, the posts (apart from foundations) should also be on his side. But it makes sense that the previous post position is reused and the fence is not actually centred on the post (as the previous one was not).

The neighbour is of the opinion that

• He will also lose a little bit of land to fence because the fence is “centred” on the wall, so it’s fair.

I pointed out to him in writing my position and he said:

“I think that doesn’t apply to our street, let’s check other fences, but it looks like all of them are just centred on the boundary line. The posts on one side applies I think to fence types where fence is one sided.”

N.b. he also said he was in consultation with his builder (loft conversion, year before we moved in) to do all of this, but we don’t trust his builder because ours (loft conversion this year) said that their dormer encroaches over the boundary and extends too far outwards and contravenes planning rules. (We have not told neighbour this…. We generally have good relations and would like to keep it this way but it does infuriate us!)

YABU - it’s only 1 inch, suck it up, OR, he’s right the fence and posts should be centred on the line

YANBU - wtf why would your street be so special that it has it’s own Special Boundary Line Rule.

I'd refuse. Either the fence is replaced EXACTLY where the current one is - or the current one stays. I'd not budge from that position.

Sadly old fence has already gone! One panel blew down in the wind. The rest has been taken down. We were fine with it being replaced but not with a new line.

Neighbour is a techy type and is trying to be very very precise with new fence but is thwarted somewhat by Victorian wonkyness (ie, neither current post and wall it is screwed on to are dead straight vertically).

I would state the fence goes back exactly where it was, otherwise he can pay for a proper surveyor of your choice to come and state exactly where the boundary line is, the fence goes on that, with all posts his side of the line. An6 damage to your rendering to be made good at his expense

Do your deeds show where the boundary is? From your diagram, the boundary would normally be a continuation of the flank wall of the projection to which the existing fence post is attached. Do your deeds indicate who is responsible for that boundary?

Chloemol has put it perfectly

You will get all manner of answers here, go to garden law.co.uk for the correct answer, you could try posting in legal for a mumsnetter called Collaborate who is a solicitor with a background in this area who also advises on the site I’ve listed

As I understand it your neighbour is wrong it should stand on the boundary extending into their land if it’s their boundary but if your boundary it should be wholly in their garden