To remove the fence

[NoTreadingHere]

We have a fence that sits about 7cm from the neighbour's wall. It's a huge wall covering the entire length of their property. They never see into our side.

Our relations have been amicable but I've been keen to entirely remove the fence. It's rotting and decrepit, but the issue is that they demand the existing fence replaced (at shared cost) by a new and very expensive new fence to protect their precious 7cm.

They're now moving and are in the process of selling the property. They're not living in the property and I'm keen to have a helper come in and quietly pull out and remove the fencing. DH is totally absolutely against it, mainly because he's timid and conflict averse. I'm fuming as neither the existing owners or new owners would ever know about the fence removal and this is a golden opportunity to solve the fence problem forever. The new owners are unlikely to be any more forgiving (it's that kind of area).

Basically I'm raging that the solution can't be implemented

Take the fence down. If anyone wants one on their side of the boundary they are welcome to put one there. You can allow them access from your side to do it as obviously they can't do it from theirs. Who argues over 7cms?

You can remove the fence any time you like and you are not obliged to replace it. I dint understand why they would care about a fence that is behind their wall anyway, but that is besides the point.

Few minor things to consider.

Most of the time you're not obligated to have a fence! Even if you're the "responsible party" for maintaining it. Do check your deeds though, as sometimes you are obligated to have one.

If you don't dictate your real boundary with a fence, and are the responsible party for that boundary, please do keep in mind that if the wall went into disrepair and caused any damage or injury to anything/anyone, neighbours could try and say wall is boundary, so youre liable. If that was ever an issue, you'd have to show their wall is within their boundary by 7cm and not on the boundary line (So not your responsibility).

Deeds may show neighbour is the responsible party for that boundary entirely, in which case not your problem in the least. Might be the reason they were so keen to have it done "at shared cost" (when they're liable for whole cost!)

Also tiny difference or not, where the boundary is can actually become important if new neighbours, you, or any future owners of either property want any building works, home improvements done or sheds erected. So you'd be unreasonable to try and claim the 7cm as your own.

Old neighbours may have seemed picky, but there are a few little reasons to be so with boundary lines and structures!

You're still not obligated to have a fence, though!

Is the fence actually in your garden ie not on boundary line? If so, then take down as it is yours to do with as you wish. Check deeds if it is on the boundary in case it is a requirement that you maintain it. However, as they are selling I would be tempted to take it down in the meantime and, if they do raise it, you could say that you have prepared the ground for the new fence that you will, of course, be putting up in the future - only drawback would be if they pull out and decide not to sell, but that's for another day/MN question!

Just take the fence down. So what if you DH is against it? The fence sounds like it needs to come down anyway if it's rotten, surely better to remove it safely now than it coming down during a storm or high winds.

I wouldn't do anything unless you check it out officially

If you own the fence then take it down. However I'd recommend you put in a couple of boundary markers to show where the boundary actually is to prevent further disputes.

Surely the wall is the boundary, if not why build a wall 7cm inside your boundary?

I’d try and do it just as they were about to move out.

if the fence is, as I read it, the boundary marker, then I think the neighbours are being entirely reasonable. I’m confused as to why they want a more expensive fence when they won’t see it, but that better than battling to get them to pay half for something cheap which will rot out/fall down quicker. I would think it’s more about maintaining the boundary than protecting 7cm - boundary disputes can get very acrimonious and expensive and as others have said, you don’t want the wall to become the accepted boundary.

I'd take it down as unobtrusively as possible.I'd do it before they move as at least you know what they are like and the new neighbours might be completely lovely but they might be lunatics.

If they bring it up again I'd just say 'I'm sorry Jim, we aren't going to pay for half of the fence.'

You could offer to mark the boundary in another way if they keep pushing. You can have one piece of wire for example.

You are completely right that this is a golden opportunity.

They will probably drop it.

@NoTreadingHere check your deeds ours requires us to maintain a chain link fence or similar.

Your dispute here is with your husband not your neighbours. You obligation is to keep a boundary marker in place, that doesn't have to be a fence. He is the one saying you can't remove the fence. Well your neighbours are but they have no right to say that. But that 7cm is not legally yours and you can't use it ie put planters in it etc.

If it's not your fence I wouldn't take it down even if you don't like it - you hide it with your own

Your mistake was telling your partner. I'd have just done it!

Is it your fence?

Only if it's your fence, surely? If it belongs to next door then tread carefully.

@Shouldbehoovering possibly because when the wall was mooted it was to be a joint cost, but the OP and her DH declined, meaning the neighbours built their wall entirely on their land within the boundary rather than as a boundary marker. That would explain their insistence that the jointly owned fence is maintained.

They just don’t want you to end up with a free 7cm of land at the expense of the property they’re selling, which seems fair enough.

Do nothing. For now.

If I understand correctly, your neighbours have built a wall which is 7cm inside their boundary, that boundary being originally marked with the fence in question?

You need to establish who built the fence, only then can you proceede with confidence. Easiest solution would.be to ignore the existing fence and build a new one beside it on your side, on your own land.

I was confused until I read other replies! The 7cm is their land and the fence acts as a marker as to where your land finishes and theirs begins, even though the 7cm is not accessed by them?

Move the rotten fence and just put a small one marking the boundary? You could just have one of those small planter type fences as long as the boundary is clear and you dont put it over the 7cm.

1. You can't just remove a fence if you don't own it.

2. you need to keep the legal boundary clearly marked.

don't start a dispute!

Just tell them it became dangerous due to the recent storms but you’re not currently in a position to finance a replacement but they are welcome to if they want. If a marker is needed just use a pretty 2/3ft picket fence to mark the boundary. Are they worried you may be tempted to grow plants along the wall and damage it or is it a boundary issue?

If it’s marking a boundary, YABU. You cannot just decide to remove it, unless it’s technically your fence. But bear in mind that 7cms actually DOES matter. It isn’t yours, you can’t do anything in that space. Might seem silly to you, but that’s the rules.

What's on that 7cm strip of land. If you remove the fence then any weeds could start to encroach on your land. You wouldn't legally have the right to weed the strip.

Will you be allowing your neighbours access to your garden so they can weed it as necessary? Will they do that or just leave it to go wild?

Are you just hoping that the boundary will move 7 cm and you get a bigger garden?