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Original poster

Think neighbours fence is on our property

34 replies

MissesBloom · 27/04/2018 11:01

We have decided we'd like to move, and have started tidying up our garden and half painted a fence to the right of our property. I thought the fence was ours at first as it's on our side of the boundary, however I then noticed the panels were facing their side and we have the back of them.

Not sure how to figure out where the boundary starts in our garden, but from looking at where the houses end and which side the fence starts on it seems like they're erected it on our side (whilst the previous owners lived here)

Have only come to notice this since I started tidying up the garden as we are now hoping to sell up. What's the best way of checking this? It appears that they're built a fence and shed over our boundary (to pinch some extra room in their garden).

To be honest I don't think I want to address it before I move, am just worried about the Implications while we're selling (if any) and if they may have a moan that I've started painting the back of their fence.

Don't have much experience with this kind of thing and have quite bad anxiety especially in social situations and terrible with any sort of confrontation. Just wondered if anyone has had a similar issue and could advise.

Have added an image of the brick wall that separates our two properties from when they were built and the fence following on from it.

Think neighbours fence is on our property

OP posts:

Furano · 27/04/2018 11:53

I thought the fence was ours at first as it's on our side of the boundary, however I then noticed the panels were facing their side and we have the back of them.

I thought the convention was to give your neighbours the nice side if it is your fence?

Original poster

MissesBloom · 27/04/2018 12:05

I've been told the exact reverse... Otherwise you're kind of paying for fence for your neighbours to enjoy? have no experience of this so could be wrong

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SleepFreeZone · 27/04/2018 12:08

If you’re selling o wouldn’t get into this at all. Just tidy up the garden and get the house on the market.

dontticklethetoad · 27/04/2018 12:10

I always thought the neighbours get the nice side, owner gets the back.

cloudtree · 27/04/2018 12:11

I think its convention to give the neighbours the nicer side. Not because it's kind but because otherwise you lose some garden because your fenceposts need to be on your land so you'd be giving them an extra few inches all the way along and it would confuse the issue of where the boundary is.

But for £4 you can order your title plan from the land registry website and it should show you who owns the boundary.

QueenOfAccidentalDeathStares · 27/04/2018 12:16

some people put it one way, some people put it the other way. you can not infer ownership of land from the direction of a fence

InTheRoseGarden · 27/04/2018 12:16

Don't touch this with a barge pole! Seriously. If you're moving then just tidy up and sell it on. Boundary disputes are a nightmare and starting one could impact on your ability to sell and the value of your house.

wowfudge · 27/04/2018 12:27

Look at the title registers and plans of both properties and see where the boundary is. You can't make assumptions based on which side of the fence you can see.

Just from the photo I would say it looks as though the wall follows the party dividing wall. There appear to be two fences back-to-back looking at the depth so both your NDNs and your predecessors put their own fences on their respective sides of the boundary.

wowfudge · 27/04/2018 12:29

Btw the info above re: cost of documents is wrong: it is £3 each for an electronic download of the title register and title plan so for a full set it would £12. Make sure you go through the gov.uk Land Registry website or you'll pay over the odds via a third party.

Killerqueen2244 · 27/04/2018 12:31

When we moved in the original deeds clearly showed which boundaries we owned by marking the little ‘T’ on the plans however when we’ve lived on a housing estate the plans just showed the outline of your property boundary, not who owns it. And I’ve heard that in most cases of new builds it’s rare for boundaries to be marked as to who owns which.

The fence/shed looks like it’s on a concrete plinth that sort of adjoins the wall so the boundary may have been moved without anything official in writing. Either way I wouldn’t worry if you’re selling, let your buyers solicitor research into the boundaries!

loveka · 27/04/2018 12:43

There is no rule aboit which side of the fence faces which way. Have a look at the land registry website it is very informative.

Original poster

MissesBloom · 27/04/2018 12:50

Thanks all... Exactly what I thought. It hadn't bothered us while living here so don't want to get into a dispute now.

Hadn't really thought it could be our fence as the deeds show that we own the fence to the left of the garden. However this is fence isn't running parallel to their boundary it veers into our garden more as you go along iyswim? I'll try and show another pic. All the boundaries are perfectly straight on the deeds.

Hate things like this but going to just crack on with tidying garden up, finish the painting as already started and forget it I reckon.

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Original poster

MissesBloom · 27/04/2018 12:51

Also they have a fence post at the beginning but no fence their side. It's just the one on our side.

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Original poster

MissesBloom · 27/04/2018 12:53

My main concern is that they might be funny about me painting it... Not that they've nicked a bit of the garden. They are a lovely old couple and haven't ever really given us any problems so I don't want to make anything difficult for them either

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cloudtree · 27/04/2018 13:56

But potentially you would only need the title plan for your own property to have your question answered so worth simply ordering that one first to see if it has the boundary markings on it.

TwitterQueen1 · 27/04/2018 14:01

Land registry documents won't help you with the positioning of the fence - they are not that accurate.

dotdotdotmustdash · 27/04/2018 14:03

I think it looks the owners of your house have erected that fence, and followed the convention of giving the neighbours the 'pretty side'. It's maybe veered out very slightly over the years to accommodate the tree but that happens in gardens and in legal jargon it's 'de minimis non curat lex' ("The law does not concern itself with trifles").

Original poster

MissesBloom · 27/04/2018 14:42

I think so dot dot. But it's not a tree... Behind that it's a shed housing loads of pigeons. Its just behind my grow house and that's what's made the fence jut out (I think).

Also I do have those land registry plans and as someone else said they are vague. They basically show us the shape of the garden and who is in charge of which boundary.

Doesn't matter though, hopefully it won't be brought up during the viewings but it is what it is. We never noticed when viewing so guess nobody else will.

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dotdotdotmustdash · 27/04/2018 14:48

I read the Gardenlaw website regularly, as I find it interesting, and one thing that the experts say often is that people should really remember that they buy what they see, and concern themselves less with what's in the titles. Boundaries move a little over the years, and unless it's more than a few inches or so, it's generally not worth causing upset over. There are some horror stories out there about neighbours who have fought over a few inches of ground.

QueenOfAccidentalDeathStares · 27/04/2018 14:55

it looks like your fence to me from the photo

icklekid · 27/04/2018 14:58

They won't mind you painting on your side. Doesn't matter whose fence it is. So don't think about it and let it be!

Original poster

MissesBloom · 27/04/2018 15:02

Totally agree and we have found them lovely neighbours (and hopefully they us)

Having looked again actually their shed doesn't touch the fence and you were right it is the trees that have likely forced the fence out.

Its not something that would worry me at all and as you said you buy what you see. No point fighting over what is essentially a couple of inches of ground. Just want to paint it so it looks less of an eyesore and make the garden lovely.

Thanks for the advice all

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Original poster

MissesBloom · 27/04/2018 15:04

Ickle I read on here that you should be careful with painting fences as the paint might seep through to their side. I've been super careful of this though to make sure it didn't. Just didn't want an angry neighbour shouting over the fence at me. I should have just bloody knocked but I'm a wimp

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HoneyJamMarmalade · 27/04/2018 15:45

I completely agree with dotdotdot scare yourself shitless with Gardenlaw to see the repercussions of a boundary dispute or rights of way, fences, trees etc.

DO NOT TOUCH THIS you bought the house and land as is, accept that and sell it as is.

If you start talking about it, you will have to declare a dispute. Yes, the fence is probably further over than it should be but potentially claiming that bit of land back could cost you tens of thousands and neighbours who you end up calling the police on because of their behaviour when you raise this issue.

I have personal knowledge of this and even after we moved the shouting abuse continued, we were called all sorts of names in front of our children. It was the worst time. It was an extension build and they tried to move the boundary at that point, so not your situation but my god did it turn nasty fast.

Paint the fence, apologise to the neighbours in case any has seeped through and move.

Minniemountain · 27/04/2018 16:36

Boundaries can be tricky things. Ownership and responsibility can change even if the title deeds are clear.
Can you just paint it with something clear?

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