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

Original poster

Neighbours's fence or ours?

18 replies

SunSeaSand55 · 27/08/2023 11:36

We want to replace the fencing around our garden. The deeds only show the fence at the bottom is definitely ours. Not sure if the adjoining fence is ours, theirs or shared? We don't get on. Any tips on how to proceed?

OP posts:

Seeline · 27/08/2023 11:52

As the deeds definitely show you are responsible for one, I would assume that the rest are probably shared. It looks like a fairly new development, so I would think ownership would be shown if applicable.
Have you read the written bit of if the deeds? They might give further information.

LIZS · 27/08/2023 11:58

You are responsible for the rear boundary and marking it. Whether there is a fence there, or to either side, or any fence is actually yours by virtue of having been put on your side of the boundary will depend. They might even be shared. You could check deeds either side in case that clarifies it.

Snittle · 27/08/2023 11:59

Let them know you’re putting a new fence up and ask them if they’re happy for you to replace the shared fence. Maybe show them the fence you are proposing.

MrsB2603 · 27/08/2023 12:56

Phone your local authority and ask to speak to someone in planning for advice perhaps? Sorry I don’t have experience in this but imagine that figuring out exactly who has the rights over what is the first step

rwalker · 27/08/2023 13:07

Deeds show the boundary not necessarily the ownership of the fence
ours is on our side of the boundary by a few inches

ThreeLittleDots · 27/08/2023 13:25

What needs doing to it?

The fence is not the boundary but it can be a boundary 'marker' on the boundary.

If you don't get on you can always put up your own separate fence inside the boundary.

ThreeLittleDots · 27/08/2023 13:27

What did your TA6 say?

Seeline · 27/08/2023 14:58

MrsB2603 · 27/08/2023 12:56

Nothing to do with planning

Original poster

SunSeaSand55 · 27/08/2023 23:59

This is the only paperwork we have. I agree it only seems to mark out the boundary line. The fence is wooden and lots of it rotted. We moved in the year of 2005. Definitely needs replacing. As it's a fairly new build property (kind of) the gardens are small and we don't want to make our garden any smaller by putting another fence up next to the existing one. Bet if we did that the neighbour would remove original fence and enjoy the extra garden space!

OP posts:

Seeline · 28/08/2023 11:19

If you go to the land Registry website you should be able to download the written part of the deeds for a small fee (£3-5?)

Original poster

SunSeaSand55 · 28/08/2023 18:16

If I did that would it definitely tell me?

OP posts:

TakeBackTheCity · 28/08/2023 18:29

SunSeaSand55 · 28/08/2023 18:16

If I did that would it definitely tell me?

It depends if the title plan shows the T markings. Common for it not to, in which case you assume shared.

Best way to deal with this is to communicate with neighbour and say you'll be happy to cover 100% costs in replacing the fence but letting them know it's happening and if they have any issues just to voice them with you.

Usually even difficult neighbours are fine as long as they know you're covering the cost. I think too many people get caught up in forcing a neighbour to share costs and then disputes happen...it's just not worth it, think about the bigger picture.

If they still kick up a fuss then just fence your side, alongside the existing fence.

QuillBill · 28/08/2023 18:49

If you don't get on and you don't want to talk to them about it then you are going to have to put up a fence inside the boundary.

Otherwise you are going to have to talk to them about it as it looks like it's a shared fence.

I can't see any other option.

Original poster

SunSeaSand55 · 04/09/2023 15:39

So it is a shared fence. Found the written information in my deeds. It states that repairs and maintenance are to be equal and joint between both owners. The fence definitely needs replacing. I imagine we will end up paying for it all but he can't stop us doing it can he even if he doesn't like what we choose? The garden is too small to put the new fence on our land.

OP posts:

YellowDots · 04/09/2023 18:09

I imagine we will end up paying for it all but he can't stop us doing it can he even if he doesn't like what we choose?

I don't know if he can stop you but he can have a say be paying for half of it. I'd price up one of those double sided fences with no 'bad side'. Whose side has the posts on now?

Original poster

SunSeaSand55 · 04/09/2023 22:26

I wouldn't ask him to pay anything, I think he'd refuse. The posts are at our side

OP posts:

YellowDots · 04/09/2023 22:34

Then I'd put them on your side again. I'd keep everything as much the same as possible so he doesn't have anything to complain about. They problem with people like him is that you can't predict what they might do.

TheHateIsNotGood · 04/09/2023 22:47

Just put up what you want within your own boundary. Just keep it within planning regs.

Hopefully they're not a pair of second-home owning gits like what I got next door. A south-facing paved wasteland with no plant in sight and they hardly ever come - if they did and lived in the house they might be a bit keener about growing plants, meanwhile ......

Flip