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Property/DIY

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Original poster

Shared Garden Fence

17 replies

Trampoline11 · 05/08/2017 10:06

Help! I would value your opinion on my small dilemma. My neighbour and I share a wooden fence. It's hers to maintain really but as she rents she expects her landlord to do it. A year or so ago, two panels blew down and as she had two dogs and I had a rabbit running about, it needed to be replaced quickly. Landlord agreed that as I could get a friend to do it that day, to go ahead and he would reimburse me. I gave him my bank details by txt, tried to ring but he has blocked me. Goodbye £80! (I've got over that now).

Fast forward two years (ish) - fence is now being held up by a tree stump that I want removed but can't. Dog has chewed massive hole in one panel - I've put a wire mesh thing over it. Where the dog bites other panels, neighbour puts large stones, bits of tin etc to cover it.

I now want to replace the whole of the fence as it's very unsightly, old and falling apart. I know the easiest thing would be to talk to her, but that is easier said than done! Hence this post. What i'd like some help with is - do I just go ahead and put my fence up in front of the old one with a sort of 'it's my house and I can do what I like' attitude (I will be losing a bit of border this way) or tell her what I'm going to do and leave it at that. I don't really know 'my rights'. Thank you to anyone who reads and answers

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IrritatedUser1960 · 05/08/2017 10:10

I had the same problem with my neighbour who owns the fence and his house, to be honest after 5 years I just wanted a lovely fence and so I just coughed up and got one. His was falling into my flower beds every five minutes and squashing my flowers.
I said to him that as I paid for the new fence would he let me grow tall plants and climbers up on his boundary (mainly to hide his wreck of a house and garden) and he agreed.
It's not "fair" but sometimes it's the only option if you want a nice garden.

Original poster

Trampoline11 · 05/08/2017 10:30

Thanks for this. Did you erect your lovely fence in front of his or take his grotty one down?

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user1471528245 · 05/08/2017 10:40

All fences are shared, It's a common misconception that the fence on the on one side belongs to that house depending on the side the posts are on, this is completely untrue, If your going to the expense of putting a fence up next to the existing, why not just replace the existing fence with something you would rather look and something that will last, concrete gravel boards and concrete posts, and then you can tell the neighbouring landlord as you have replaced it at your expense it belongs to you and any damage and you'll be claiming off them for the costs

Original poster

Trampoline11 · 05/08/2017 10:44

You learn something every day! Are you sure though about the shared fence misconception? Why do we all think it? If it does get damaged, the landlord probably wouldn't pay me as before would he? Thanks though

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wowfudge · 05/08/2017 11:07

user1471528245 is incorrect - a lot of properties have title plans showing that the fence on one side is the responsibility of one neighbour and on the other the responsibility of the other. There is no hard and fast rule. If the title plans and registers do not state who is responsible for what or that the fences are party walls, the assumption is that they are a shared ownership and responsibility, i.e. party walls.

Original poster

Trampoline11 · 05/08/2017 11:22

They must be written in the deeds or whatever as I'm sure landlord would not have agreed it was his responsibility a few years ago

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blankface · 05/08/2017 11:48

It's highly unlikely that a tenant would be responsible for erecting a fence, maintaining maybe if it's the tenant or their dogs who have damaged it.

Deal with the owner of the property, not the tenant.

AhoyPirates · 05/08/2017 12:28

I would erect my own fence within my own garden so that I am in control of what it looks like etc.

I agree with wow fence responsibility is usually denoted by a T on the title plan, in my case, the fence/wall between myself and my neighbours is shared, as is actually stated in my deeds, the rest is mine as I share it with no-one.

All this fence on the left is nonsense and should never be relied upon.

IrritatedUser1960 · 05/08/2017 12:33

I'm pretty sure it said in our deeds what fence is the responsibility of who.
I put up a beautiful fence, really nice quality and long lasting. I did take the old fence down as my flower bed runs along side it and I would have lost half a foot of garden. Then it's possible in the future to be arguing about boundaries so I thought it would be the most sensible thing to do.
It's a relief I can look out onto a lovely fence now. Well worth the money.

Venusflytwat · 05/08/2017 12:44

I would put up my own fence BUT I would also run some chicken wire between the two, to hopefully stop next door's dog from chewing your new fence.

Original poster

Trampoline11 · 05/08/2017 12:58

I would just like to say thank you for the replies. I now know what I'm going to do. I will lose a bit of border and have a new fence erected in front of the one that's already there. I will of course inform neighbour out of courtesy I guess. As ahoypirates said - it's my garden and it will be mine to maintain and enjoy!

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Original poster

Trampoline11 · 05/08/2017 12:58

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Original poster

Trampoline11 · 05/08/2017 12:58

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hooliodancer · 05/08/2017 12:58

There is all the information you need on this on the government land registry website, search fences.

If it doesn't say on your deeds who is responsible for the boundary then it is shared. If it's shared, then whoever paid for the fence owns the fence, they can do whatever they like to it. However, if the shared fence needs replacing you can ask for half of the money. In which case the fence itself is shared.

If either side wants their own fence, you can put whatever you want up on your own land, so right next to the fence that marks the boundary.

Original poster

Trampoline11 · 05/08/2017 12:59

good thinking venusflytwat!

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Original poster

Trampoline11 · 05/08/2017 13:03

Not sure why my message is on 3 times - oops!

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BubblesBuddy · 05/08/2017 14:05

I second putting up your own fence. Life is too short to keep on looking at a tumble down fence. I think there are new fences that are made of a composite material that slot into the posts. Might be dog proof!

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