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

Not sure why anyone actually thinks that the border needs to be marked. I've never seen any legal requirement for that.

What you can't do is destroy someone else's property and I haven't seen anything that states whose fence it is. Who owns the fence should be mentioned in your deeds/house purchase documents. Normally stating something like "number 22 owns the left side fences" so when you stand in front of the house that's 22 you can see which fence is owed by which household.

If you tear down someone else's fence you are acting illegally and can be made to replace it all at your own expense.

If it actually is your fence you can tear it down any time you like, even if the neighbour has the worst pack of terrorising XL bullies imaginable. All you need to do is know where the property line is. Some people make this obvious by putting in pegs and a line of string but it's not obligatory. If your neighbour knows they have to contain their XLs then they will need to build an enclosure for them on their land.

Hopefully it is your fence so you can take it down and put up something that you prefer. But you can't insist that the neighbour pays towards it, same as if they couldn't make you pay if it's their responsibility. Nor can anyone insist that a certain style, colour, whatever is used. Only thing is that if a fence is put up it should be on the responsible person's property not encroaching on their neighbours (which might account for the slight offset from their house).

They can cut them back or dig them up if they cross the boundary.

Who owns the fence?

It’s definitely not ok and if she doesn’t own the fence she’s in for a shock.

What currently happens between the fence and the wall? Do weeds grow up there? Does anyone tend it? I wouldn't want a dilapidated wooden fence as a backdrop to my yard. Especially if there were a sturdy stone wall right behind it.

10-15 feet seems astronomically high for a stone wall. How large is their property?

This may be a can of worms rather than a golden opportunity. If your deeds say it’s a shared fence, which it sounds like since they want a say in the replacement, then you removing it will put you liable for the cost of reinstating. Most people only check deeds at times of dispute…and when moving. Either them or new neighbours may insist on it being replaced so you don’t try and acquire a portion of their land and if it causes any delays/costs to the move you might also find yourself liable for that or in a dispute with new neighbours. This would not get you off on a good foot with the new neighbours. And on top of that, the new neighbours may want to remove the wall now or in future and your back to square one.

So you wouldn’t be bothered if at some point the neighbours put up a fence 7cm inside your boundary line then? I mean it’s only 7cm.

Yes precisely this - I wasn’t planning to touch their 7cm. Although now I think I’ll plant a crop of corn just so a few delicate flowers responding here (also provably DH) will faint with outrage and fear.

As noted much of the length is also their house wall. It dips when the house gives way garden then up again for more house. No windows along the whole wall, so new neighbours are very unlikely to see anything. If a fence comes down and the neighbours never knew it existed, did ever even exist?

I didn't realize much of the wall is the side of their house. Can you submit a diagram?

Have to wonder how any prospective buyers would even be seeing what's on your side of that wall. How did the existing neighbours know about the fence? Is there access to the 7cm at either end of your garden?

If your neighbour mentions the whole fence situation to your soon-to-be new neighbours it’s going to be a pretty rubbish start to your relationship. I wouldn’t think very highly of my neighbours if they tried to grab 7cm of my garden before I’d even moved in!

Why can't you just answer the question who owns the fence and boundary even if its I dont know nothing on the deeds.

Check your deeds. If it’s their responsible boundary (you down own all three boundary sides of your land) then they have the say.

If the fence is yours, it no business of your neighbours, what you do with it. NONE! If it's a shared boundary fence, that's another matter entirely.

@LumiB please show me where I said it wasn't the law, young be able to because I didn't! I'm still allowed to think it's a pathetic amount.

how they maintain it (or don't!!) is the neighbours business when it encroaches on their garden. Looks unsightly.

try reading what I wrote. I said NOT to plant or extend a flower bed.🙄🙄

If OP is the owner of the boundary and fence well its on her to maintain her own fence. if she doesn't want to replace it with another fence she still has to mark the boundary

I'm concerned about your comprehension as that is ALSO what I said.

Why would you deliberately do something that could put you in legal issues further down the line, not to mention if she decides to sell a boundary dispute will affect the value of her own home

For crying out loud. Nothing I said will give her 'legal issues'. You're not reading what I wrote so stop going at me.

Stop taking your own dispute out on me & the OP.

We did it. It’s because if you build up to boundary line your neighbours can as well resulting in detached buildings ceasing to be so. And causes issues with damp etc. so we left 7cm to protect our building. It’s land we own for that purpose. No neighbour is stealing it.

Noted that you haven’t at any point confirmed who owns the current fence.

@SnowBotherer well you did write this id remove the dilapidated fence. Mark each end of the boundary line and let the grass grow to the wall or turf behind a flower bed (you won't need much turf!!). I wouldn't plant much in the strip (maybe a couple of low climbing roses) & I'd keep them below the height of the wall.& o wouldn't let anything like ivy grow up it

Why write remove the fence when OP hasn't cleared up who owns it. She cannot take it down if she doesn't own it.

Then you write i wouldn't plant much in the strip ( some roses) ..meaning the 7cm strip right

I'm not taking my own issues on you. Itd the fact you are saying stuff that isnt legally right.

I'm sure you would be okay if your neighbours tried it on after all its only 7cm and its pathetic to bitch about it as you said

My boundary is supposed to be a wall. When the owners wanted to put in a new fence, you could actually see the foundations of said wall. If you take down the fence there will probably be some markers left of the old boundary anyway. There doesn't seem to be any agreement as to whom owns the fence anyway for you? As it seems your garden and safety are at risk from the dilapidated fence I would remove it. They are welcome to put up a new fence and pay for the removal of the old one if they wish...

I would say remove the rotten fence but mark with pegs where it was and photograph it too. Do it just as they are moving. Why get hares running? You're not trying to steal their 7cm but looking for a pragmatic solution.
Our dear neighbours had to leave their home. They were old and ill and never returned. I did keep their beloved garden going for several months, hoping for their return. They had a short section of leylandii hedge which they kept impeccably pruned low and shaped. When the property sale was about to go through I hopped over and, with help from the neighbour the other side, cut down the 6 or 8 leylandii and disposed of the remains. Since the house was bought by a btl landlord I have never regretted my actions - just saved a load of grief.

Who owns the fence?

Who owns the fence? If it's yours take it down. If it's theirs you can't. Why, if they are so concerned about the boundary would they build a wall not on it? Anyway... the solution is take it down "in preparation" for the new fence... wait until the house is sold and then conveniently forget to put the new fence up

Why is there need for a fence AND a wall? Just take the fence down and unless you have kids who kick footballs on the wall, job done!

Just remove it. Its weird they care so much about 7cm of what must be weed infested land

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