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Original poster

Neighbour wants me to replace his fence - advice

12 replies

Dinnertonight · 05/05/2011 00:07

Long story which I will try to make short.
Side garden fence about 5 foot high with trellis on top. Trellis is rotten and partially falls down into our garden on top of some of our plants . We remove it and then neighbour tells us that is his fence and we shouldn't have touched it and is now saying either we replace it with new trellis or he will replace it and will invoice us.
The trellis was completely rotten, has been in situ for at least 12 years, he has never treated or maintained it. In fact we thought the fence was ours when we originally removed it, it had been gradually falling off over the last couple of years.
I do not think it is equitable to pay for him to have new trellis. I have offered to put the remains of old trellis back on his property (basically a pile of rotten wood sticks). Am I right in taking this stance or legally should I be required to replace old for new? Advice please Mnetter's Many thanks

OP posts:
cat64 · 05/05/2011 00:30

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Original poster
Dinnertonight · 06/05/2011 07:32

any legal's out there who can help please ?

OP posts:
notasausage · 06/05/2011 10:32

As you face your property from the road, what side of the property is the fence. I think there's a (legal?) convention that you maintain the fence on one side and therefore the neighbour maintains the fence on the next side and so on. Can't remember if it's to the left or to the right but a google might find more.

EldonAve · 06/05/2011 10:35

give him his old wood back
job done

notasausage - it depends on what the property deeds say

MadameCastafiore · 06/05/2011 10:38

Deeds are what you need to look at but if the fence is his you have every right to ensure your safety and if that means taking down the bits that are unsafe and handing them back then that is what you should do (have done).

Get Fucked you arsehole would be my exact words to hm if he kicked up or made any more unfounded threats when I handed him the wood back.

minibmw2010 · 06/05/2011 13:01

If the trellis was falling into or hanging over into your garden, then you have the right to remove it, trim it, etc. and you are then supposed to return the trimmings/clippings to your neighbour. So assuming you didn't specifically dismantle the trellis then you are definitely not under any obligation to repair or replace his fence. Let him do it and bill you ... where's he going to go from there?

dikkertjedap · 06/05/2011 13:03

Suffice to say, take a photo before you hand it back, just in case.

Matekiddleton · 06/05/2011 13:04

If you are on a hill the upwards neighbour has responsibily for the fence. (I think; try in legal; at least it is only trellis!)

going · 06/05/2011 13:06

You can cut back anything growing into your garden but are supposed to hand it back to the person it belongs to otherwise it theft , it's was my neighbour was adviced by the council when my Jasmine was over hanging in her garden.

purepurple · 07/05/2011 12:56

I would just give him back his bits of trellis and politely say that as he has now admitted liability for the fence it is a hazard and needs replacing at his expense.
I doubt he has any legal right to demand payment for a new fence/trellis.

TheMonster · 07/05/2011 13:01

He sounds like a bit of an arse, but perhaps you should have asked before you removed the trellis, even if it was falling down and rotten.

SandyChick · 14/05/2011 18:30

I've just had a new fence put around my back garden and have had a few issues with our neighbours so this is how it works.... The posts being on your side / house to your left etc doesn't mean a thing. I think it's more of a gentlemans agreement that you maintain the fence to your left etc. You need to work out where your boundaries are. We have our plans from land regisry buy were a copy of a copy so weren't accurate. Best thing to do is go onto land registry website and pay for a copy which you can print out. You'll need to measure with a scale ruler. I know it's a bit of a carry on but it's the only way to work it out. Sometimes it's written in the original deeds if you have them. The lovely lady at land registry measured their copy of plans for me but she's not meant to.

If a fence/hedge etc is Stradling/touching in anyway the boundary between you and you neighbour then it is both your responsibility. If the fence/whatever is wholly on your land including posts etc then it is 100% your property and if anyone touches it is is classed as criminal damage.

If a neighbours plants etc are completely on their land but hang over to your side you are within your rights to trim as necessary.

Hope that makes some sense.

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