Fence

[pinkpixie83]

Bit of an odd one.

My neighbor that back on to me to the left hand side of my rear garden have approached me about replacing the fence. I am under the belief it's my fence they are talking about replacing and I'm actually not happy to have it replaced. They have builders coming to do it and told me a start date last night like it's a done deal. Problem is I have a massive much loved rose against the fence and also some precious plants in that border. I don't want them to do it, am I within my rights to tell them that I believe it's my fence and see no problems with it therefore I do not want the original fence removed but obviously understand if they choose to put a new fence their side of the existing one?

As long as it is your fence I don't see why not

Can you prove it is your fence, it could be your boundary but not actually your fence. Could you not explain and ask them to take care not to affect the border and support your rose on trelllis instead? Could it wait until after the rose has finished for the season?

I have no fences marked on my deeds, but it points to being mine as the posts are within my boundary and I have the 'horrible' side of the fence.

They have a start date which is the 9 July which will be at prime time for my rose and I don't see how I can save it. I'll also be out at work so no one will be at mine to supervise what's happening.

Fencing is quite expensive to do, I'd be surprised if your neighbours were replacing it if it's not theirs. I think you need to talk to them and ask them to be careful of your side and the plants

If the posts are within your boundary, and the boundary line is accepted by the neighbour, then it is your fence. The orientation of the panels is irrelevant.

Tell them that they can install their fence on their land and that your fence is not to be disturbed.

Check you title documents before asserting it is your fence, unless you are certain it is within the boundary on your land. Be aware that you probably need to be able to show the boundary runs between two fixed points in a straight line, so extending out from the dividing wall between the houses, if they are semis, and a feature on the street which is on the title plan. Your neighbours are free to put their own fence up on their own land.

I had a similar issue a number of years ago when my delightful NDNs informed me they were having the fence between the back gardens replaced and moved to make their garden bigger! What they hadn't realised and couldn't see was that the boundary was marked by an old fashioned, very sturdy flag wall which I refused to have removed. They had their fence replaced and the new one was straighter so they did have more space as a result but had not touched the original boundary wall. They were arses about it though.

There are no markers on either deeds, or anything written in the title documents.
It appears to be my fence, because of the posts sitting within my boundary.

I am going to write to them stating I believe it to be mine. Suggesting that they either install their fence inside their boundary or maybe we can come to an arrangement where it can be replaced but after the Rose has finished for the year so I can prep it and it should survive better.
Although I'm not sure what I can do if they say no!

Try talking to them first. Then put it in writing if they insist they will be going ahead on what you believe is your land. Then if you have to document it, you can state that if they touch your fence it will be criminal damage. Keep a note of what is said when.