Can we legally cut wire fencing to reinstate boundary?

[7catsisnotenough]

Semi detached, we're owned, next door is rented out. Tenants are lovely, landlord somewhat lackadaisical! The boundary between us is a green wire fence (school fence for the older ones amongst us!) Unfortunately the previous tenants didn't keep the garden under control and we now have brambles and shrubs from next door pushing the fence over (and growing through the fence) so we're losing a good foot or so of our garden.

We can obviously cut back the growth on our side but the wire fence has been pushed massively out of position onto our side. Landlord allegedly can't afford to replace fence/ boundary (we have offered to pay half for materials and do the labour)

Would we be within our rights to snip the wire fence to re establish the proper boundary and install a fence on our property?

I'd say your first step would be to say this to the landlord and get his agreement to remove his existing fence. Legally I don't think you can damage it ie cut it without his permission regardless of the fact that its on your property. It may actually have been what he is waiting for....he gets the benefit free and you do the paying and the work.

I’d imagine so, once the new fence is within your own boundary.
Who actually installed the fence?
It doesn’t sound as though the landlord would be remotely bothered once you don’t chase him for a share of the cost.

In your situation I think I'd just put up my own fence, in order to install you'd presumably need to push his over to his side.

The extra cost of buying your own fence would be worth having control over your boundary going forwards.

Can’t you push the fence back onto his property and then put a fence up. Which of you is liable for the boundary per the deed plan?

Pictures for clarity - boundary is from the breeze blocks upwards

The problem is the weight of the brambles/ shrubs tbh - they're really learning into our garden. Next door's garden is slightly higher than ours (a foot maybe?) and so the growth is top heavy and pushing the wire over.
I don't think we can get a fence installed without cutting back and reducing the weight of the overgrowth iyswim?

Leaning not learning!🤣

Are you allowed to cut back shrubs at this time of year? You might have to wait till nesting season is over. I don't think it is worth paying for a fence until you clear the shrubs, otherwise they will push your fence over.

I’d see how much I could cut back without damaging the fence - once the bulk of the bush is gone, you could probably just push the fence back to where it should be.
then install your own fence on your side of the boundary.
if you cut the existing fence, then you could end up having to pay to repair that, and then still have to pay to put your own fence up.

Can't you just ask to go their side and trim anything growing through? Then you can push their fence up and add your own next to it. You can't damage their fence or cut anything their side without permission.

You can cut that right back to the wire then out your own fence up, it will be expensive and there may be birds nesting in there at the moment.

The first question is who does the fence actually belong to?

If you don't have it already then you can download a copy of your title register and title plan from the gov dot uk website. It costs £7 each for the title register and the plan:

https://www.gov.uk/search-property-information-land-registry

Either the title register or the plan (or both) will usually indicate which fence/s you are responsible for maintaining. Although this doesn't always happen.

If the plan does indicate that a fence is your responsibility then it is your fence and you can replace it.

Fences can also be joint or shared fences (in that you are both responsible for the fence jointly). In this situation you are both responsible for maintaining the fence. You can ask the other party to help pay towards repairs but they do not have to, although you can repair and upgrade the fence yourself.

So, check your title deeds and plan and if either

a) you are responsible for the fence, or

b) the fence is a shared fence

then you can replace that fence at your own cost.
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"Landlord allegedly can't afford to replace fence/ boundary (we have offered to pay half for materials and do the labour)"

If it is either your fence or a shared fence then you can replace the fence by yourself but you cannot force them to pay anything towards it.
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If that fence is shown on the deeds as being your neighbour's responsibility then it's a different matter. The fence belongs to them and you are not really supposed to touch it at all.

However, in the situation you mention, I think that there would be a very good chance that if you were to say to the neighbour, "Look, I would like to replace the existing fence between us with a better one. I will pay for it and get it installed" that your neighbour would likely be quite happy with that result regardless of who was actually responsible for the fence.

It sounds like you're willing to foot the whole cost for 'your' fence, so before worrying about what you can do legally, talk to the LL again, tell him your plans and that you don't expect him to pay.

LL will likely bite your hand off and do what he can with the plants on his side, everyone stays happy and you avoid any sort of dispute that will make selling difficult in the future.

What sort of state is the rest of the garden in?

Do you have any landlord licensing in your area?

If the rest of the garden is a mess the Local Authority may be able to force him to clear it up

Thanks all, I'll go back to the landlord and see what he says. I suspect you're right and he'll bite my hand off! Rest of their garden is fine, I think he's intentionally left the boundary grow for privacy rather than paying for a fence!

Take the wire fence away with his permission. Prune back to the boundary so that you have a neat hedge. Put a wire along the boundary to mark it all the way along.
If you want you can put a fence up as well on your side of the hedge.