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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To give up (tiny) part of the garden - fence issue

32 replies

Curledupwithabook · 03/06/2023 13:02

Name changed for this just so my previous posts don't become identifying.

We live in a old terraced house with an odd shaped garden. Our borders are all 'party' ie shared with neighbours, and this is specified in the deeds. Beyond that though, there isn't much specific information - eg the border markings aren't very exact. We know a fair amount about the previous owners through another neighbour - they had a bad rep in our town for being rich but tight with money, for context.

Our garden is on a hill so it steps down. On the right side is a long wood panel fence. Deeds specify that it was paid for & therefore owned by previous owners of our house - I can imagine they would have done so reluctantly.
Left hand side is an old brick wall. Not in the best condition, and only waist height, so no privacy from the neighbours next door..

Our house was occupied by an elderly lady before us, who didn't use the garden. It was
obvious when we moved in that neighbours on the left didn't like the change re privacy - they lent bits of tat up against the wall to block the view etc. I saw the guy in the garden once and mentioned Id be interested in some way of raising the height if they'd be interested - he said it was a good idea and to let him know.

Covid hit and delayed is looking into it. Finally got a quote - to repoint the wall and put posts and panels on top. Went round to neighbour to ask what they thought (we weren't asking for any money) and neighbour was really arsey with us - saying it was their wall, not ours. Adamant that previous owner (of ours) told them that. I asked him to check his deeds, he wouldn't. Hasn't spoken to us since. I suspect previous owners told him the wall was his so they didn't have to maintain it to be honest!

The thing is, we can't do any work without agreement. An alternative is we dig up our side of the wall garden and put a fence the whole way down. This would mean narrowing our garden by about a foot, as well as losing our 'half' of the wall (and expensive because we'd have to take out a rockery and part of a patio) But it would mean privacy, and not having the neighbours studiously ignore us when both houses are using the gardens (gardens are long but narrow so that's really obvious) But DH is reluctant as then neighbour 'wins' by getting more garden, a nice ledge for the plants and a nice fence.

I don't particularly want to do anything nice for this neighbour but I can't see an alternative. AIBU or is DH? And would anyone know if there's anything we could do to prevent neighbour from essentially redrawing the boundaries if we did this (eg later claiming that the new fence constituted the end of his land?)

Sorry didn't realise it was so long!
TL/DR - should we give up part of our garden for a fence because stupid neighbour won't agree to raising the height of a wall?

OP posts:
johnd2 · 03/06/2023 14:43

Also just to add, even if it is still the wall referred to in the deeds from 1932, or a successor of that wall that's jointly owned, it would be classed as a party "fence" wall and you should give notice under the party wall act of you want to do any major work on your side such as attaching large fence panels to it.
If you don't he could get an injunction to stop the work at your cost (and you would be liable for any damage regardless)
If it is owned entirely by him then you could be on the hook for damaging his wall.
Although he will have as much trouble proving it's his as you will proving it's shared

johnd2 · 03/06/2023 14:46

Sorry cross posted and yes you can either pay through the nose for a surveyor, pay for mediation, let him have his way, or just go ahead on your own best judgement and hope it goes ok.
Assuming you do the latter, My bet is he won't do legal action - based on your reasoning. I bet he will simply remove the fence from the wall and leave it in your garden. It sounds like he has a lot of time on his hands.

Curledupwithabook · 03/06/2023 14:52

I don't think a surveyor is worth it, the houses round here are such a mish mash - the reason our garden is an odd shape is multiple bits of land had been added to it at different times, and for a long time it was all open at the back. Was complicated for our solicitors when buying, don't think it's worth trying to get someone to look into it further.

I'll get a quote and give him notice. I'm just going to be assertive that its what we're doing - the choice is either panels that sit on our side, or panels that sit on top, and making sure the wall is safe on our side.

He does like to be seen as a Good Guy in the neighborhood, I think removing panels (on our side) would be a stretch for him - he wouldn't want that getting out. The moved containers a bit harder to prove!

OP posts:
Curledupwithabook · 03/06/2023 14:54

Also I think I'll preface it by reminding him that parts of the wall are crumbling on our side and checking if he agrees it is party so that we can pay to get it fixed...

OP posts:
Mummytolittleones92 · 03/06/2023 14:56

Get yourself some pleached trees OP. Quite pricey but really gorgeous and you don’t lose any space
on the floor (you’ll see what I mean). You can plant them right next to the floor. Privacy for both of you that way.

DitherDother · 03/06/2023 15:09

Ooh the willow sounds like a lovely solution.

AcclimDD · 03/06/2023 15:41

Have a look at this website OP:

www.gardenlaw.co.uk/

Very knowledgeable about this type of scenario on there.

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