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Original poster

Fence woes

21 replies

Sweetchocolatecandy · 10/11/2021 19:56

So the dividing fence between our house and our neighbours has broken and fallen down due to the recent weather and we have had two fencers out to give us quotes to replace it. Both fencers have said that the fence belongs to our neighbours as the posts are in their garden but the neighbours are refusing to do anything about it. We have even offered to split half of the cost but they have just said they can’t afford it.

Is there anything we can do in this situation? We don’t want to pay full price for a fence that doesn’t belong to us but at the same time we obviously want a fence/border between ourselves and our neighbours!

OP posts:
HalfShrunkMoreToGo · 10/11/2021 20:04

The only real option you have is to put your own fence up on your side within your boundary, you can't force them to replace the fence. All they have to do is maintain a boundary marker which could be as simple as a piece of string attached to a couple of poles at either end.

mogkat · 10/11/2021 20:17

Do you own or rent?

If you own then check your deeds as to who's boundary it is to maintain. It's shown with T marks on the plans.

If you rent, have you spoken to the landlord or if they rent, their landlord?

The thing is there isn't actually a requirement to have a fence in place. If they can't afford to pay but you want a fence then there isn't much you can do other than leave it as it is or replace the fence yourself.

propertypressonline.co.uk/2021/01/11/garden-fence-protocol/amp/

It's one of those annoying home things and I've had the same problem in the past. We ended up just replacing the fence and paying for our neighbour as they also couldn't afford it but we didn't want an open garden!

Original poster
Sweetchocolatecandy · 10/11/2021 20:26

We own the house and it’s probably looking like we’re going to have to pay for it ourselves as there doesn’t seem to be any give or take from our neighbours! It just feels a bit unfair to be paying for something that doesn’t actually belong to us and if they decide they don’t like the size of the fence or the style of it we won’t actually have any rights as it’s not ours.

OP posts:
WeAreTheHeroes · 10/11/2021 20:31

Fencing contractors are not land law experts. T marks only exist on some title plans. What does the title register and the one for next door show with regard to the boundary fence? You can download the title registers and plan for £3 per document. If there is nothing to say who is responsible, assume it is shared and split the cost of replacement between you. If they won't do that, put a fence up within your boundary and make sure the neighbours are advised the fence is not on the boundary and they're not to attach anything to it.

Brusca · 10/11/2021 20:32

Leave the existing fence as is, put your new fence on your side. Take lots of date stamped photos as evidence should you need it at a later date to prove the boundary.

SpeakingFranglais · 10/11/2021 20:39

On a plus side, you
Any and you get sole choice of what goes up.

MilduraS · 10/11/2021 20:46

I'd just replace it. We did for all three sides of our fence after a corner came down in bad weather and took most of the two sides with it. One set of neighbours are renters the other are a single income household and the earner was furloughed at the time. It was worth the extra expense to just get it done and now we have concrete posts that are bullet proof.

BlueMongoose · 10/11/2021 20:49

If you do it, you will have to put in your own posts. But to look on the bright side, you can have whatever fence you like and you can have the 'nice' side facing your way. Provided you make sure the posts go in on your land.

Primrosefields · 10/11/2021 20:52

Our neighbours fence is down in two places and has been since before covid. As we have a dog, I bought some mesh and some stakes and run it across the gaps to prevent our dog getting into their garden.
The most annoying thing is the husband next door works for a fencing company. The posts are concrete so all he needs to do is bring two panels home and drop them into place.

sunshinesupermum · 11/11/2021 13:37

As PP said: put up your own fence on your land and keep a record of that for when you sell.

Riverlee · 11/11/2021 13:40

As others have said, put up a fence on your land. Then you will own it and can decide what sort of fence you want, have the nice side on your side (there’s no law to say you have to give the nice side to your neighbours) etc,

RacketeerRalph · 11/11/2021 15:44

If they can't afford it they can't afford it. Fences aren't compulsory and would come low down on the priority list for most people

dementedpixie · 11/11/2021 15:50

Having the posts doesn't mean that's their fence; it's a myth. If you pay for a fence then it's your fence not theirs

FuckYouCorona · 12/11/2021 01:07

You need to check your deeds to see who actually owns the fence. We own fences with some of the posts in next door & another part where its in our garden.

wtfisthatspiderdoing · 12/11/2021 01:11

Put it on your side of the boundary line and it's your fence and they can't do anything to it. Simple as that! As per pp take time and date stamped photos before during and after to prove its on your side of the boundary line.

MaggieFS · 12/11/2021 13:08

Yep, just deeds for T marks. There is not other way of knowing no matter how many old wives tales are told.

If you put a new fence on your land then they can't touch it.

BadwordMcGee · 12/11/2021 15:09

And even if they own the fence, they don't have to fix or maintain it, just stop it being dangerous and maintain the boundary, which means ensuring they aren't taking you land. No hard boundary is required.

campion · 12/11/2021 15:16

Our fences are all jointly owned; it's in the deeds. The problem starts when one half won't pay but, luckily, we've had no difficulty there.

Put a fence within your boundary, as suggested, and ask them not to put anything on it or against it.

SolasAnla · 12/11/2021 15:27

@dementedpixie

Having the posts doesn't mean that's their fence; it's a myth. If you pay for a fence then it's your fence not theirs
Not a myth just that you normally fence to the outer limit of your land to prevent adverse possession problems with neighbours. Post and its foundations should not trespass. The fence is on the far side of the post rather than the near side to stop the neighbour planting up the strips between the posts.

OP as suggested put up your own fence.

dementedpixie · 12/11/2021 15:36

It is a myth. I have the 'good' side on both sides of my back garden. Doesnt mean I'm not responsible for one of them.

SolasAnla · 12/11/2021 18:46

@dementedpixie

It is a myth. I have the 'good' side on both sides of my back garden. Doesnt mean I'm not responsible for one of them.
I never suggested that position of the fence itself was proof positive of ownership. Rather that declaring it a myth (widely held but false belief or idea) was an over reach.

The question is about who owns the land the fence sits in. So your fence and boundary are different.

You decided to put the foundation for the posts and the posts attached the fence to the near side.
Presumably you did all this on your land?
If so the neighbours can't trespass on your land and remove your property.

If you paid for it to be placed on your neighbours land they have the right to remove it and put it back on your land.

A fence gets very expensive if it turns into a feud over a 6 inche strip of land.

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