Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Original poster

Fence Issue

13 replies

DaddysGirl36 · 06/02/2022 18:08

A shared fence has damaged in the wind. Neighbour ignoring our attempts to contact them. We have heard through a third party that they've said the fence is ours (not according to deeds). We don't want to get into a dispute & feel like the ignoring is a stance from them so don't want to keep going round.

My query is, can we proceed to fix the fence & go on their land to do so without their knowledge & permission? Given that it is in fact shared regardless what they think?

OP posts:
sunshinesupermum · 06/02/2022 18:11

You can't go onto their land without their permission. That is trespass. Why cant you fix the fence on your side without going onto their land?

Original poster
DaddysGirl36 · 06/02/2022 18:20

@sunshinesupermum

You can't go onto their land without their permission. That is trespass. Why cant you fix the fence on your side without going onto their land?
Yes that was what I've heard but they are ignoring us so I don't know what to do. Our shed covers almost half the fence so would need to do that part from neighbours side unless we knock it down (more expense to us which we just don't have if we are paying for full fence ourselves)
OP posts:
Original poster
DaddysGirl36 · 06/02/2022 18:21

And sorry I meant to say...if it is shared then they can dispute us even replacing it can't they? Do I need their permission?

OP posts:
megladon2020 · 06/02/2022 19:57

No you can't go onto their land without permission. The argument would be that the shed should not have been built so close to the boundary that repairs couldn't be made on either the shed or fence.

I think your best bet is to just pay for it and try and get their agreement to go on the land. It's a bit gutting but I've been there and paid 3.5k for a new fence that wasn't our responsibility. But in our case our neighbours house was a council house and so it was the councils responsibility to fix it (it was an old fence and also blew down in the wind). My dh had done so many repair jobs over the years but we got a dog and then had a bad storm happened and it was beyond repair. I made the council aware but they said it would be 3 years as it wasn't urgent! They did knock 3 years later to assess the damage 🤨

Original poster
DaddysGirl36 · 06/02/2022 21:36

Thank you for that.

The shed was here when we moved in but I understand that argument. The sad thing is we've both just moved in so it would've been good to just have a chat & sort it out but they are clearly showing their opinion on it by ignoring us.

I think I'll keep trying & hope they at least just give us permission to go ahead & just replace it

OP posts:
CPGyellowwallpaper · 06/02/2022 21:43

It is possible that their deeds say different. You can request a copy online of their deeds to check.

Mine say all boundary fences are shared, however somewhere way back in history one neighbour has changed the fence and raised it from 3ft to 6ft. The way the deeds are written it then becomes their sole responsibility. This may be something in your deeds (or rather theirs).

You say you have tried to make contact...how has that been done? Have you physically knocked and spoken direct or just passed notes?

HeddaGarbled · 06/02/2022 21:50

Are you sure it’s shared? In England, it’s more likely to belong to one side. I’ve also not seen ownership of a fence stipulated on the deeds before, so are you sure about that too?

Original poster
DaddysGirl36 · 06/02/2022 23:04

I'm not 100% sure hence why I won't do anything without discussion. Our deeds are from when the estate was built & we know from previous owner its the original fence. The deeds say that anything with a T is your responsibility & if no T, it's shared. No T.

Happy to look at their deeds & be proven wrong, just need to get into conversation & obviously get permission if the fence guys need to go into their garden.

We have knocked twice & posted a note with our number on. Car there. Lights on. No response. Their direct neighbour has spoken to them to try & help & that's where the info about it being our fence only has arisen

OP posts:
Africa2go · 06/02/2022 23:32

Maybe drop a note saying you're not expecting them to pay, just that you want to check they dont mind fence company going onto their land. They may be ignoring you as they can't afford to contribute (or don't want to).

Justkeeppedaling · 06/02/2022 23:47

When you say neighbour is ignoring attempts to contact him - have you tried knocking on his door?

Original poster
DaddysGirl36 · 06/02/2022 23:50

@Justkeeppedaling

When you say neighbour is ignoring attempts to contact him - have you tried knocking on his door?
Yes. Twice at different times
OP posts:
Mananna · 07/02/2022 00:22

Unless the deeds specifically mention fences, I'm pretty sure the T just denotes who is
responsible for maintaining the boundary. That could be done with a bit of string, it doesn't confer responsibility for maintaining a fence.

If you want a new fence just put one up on your side of the boundary, it will be your fence, and you don't need their permission (but you would need it to go on their land). I don't know how close to the boundary your shed is, but if it's very close, the shed could effectively form part of the fence rather than taking it down.

Original poster
DaddysGirl36 · 07/02/2022 07:37

It does specifically mention fences, declaring they are party fences unless marked with a T

I am going to wait a few days & try & contact again

OP posts:
New posts on this thread. Refresh page