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Neighbour won't replace fence

47 replies

MrsAlwaysRight · 15/03/2022 10:14

My mum's neighbour's fence has over the last year or so gradually been falling over. Recent winds have now completely blown over the remainder of it. Someone is currently there removing the damaged section and mum has asked him what's happening about it being replaced. He says the owner isn't planning on replacing it!

So there is now a large section open between my mum's front garden and their driveway. Are they obliged to replace the boundary in some form or can they choose to leave it open?

Thanks in advance

OP posts:
BungleandGeorge · 15/03/2022 14:20

Why is she a horrible neighbour? Most people aren’t that bothered about marking the front boundary next to their drive, the drive is a natural boundary. Fencing is expensive, often difficult to source at the moment and probably no advantage to the neighbour. if it was the back garden I could understand.

Pennox · 15/03/2022 14:23

You should check the deeds too to see who is actually responsible for that border. It may actually be your mother or no one, in which case if she wants a fence there she will have to erect one if they arent going to replace the other one (which may have been there for a long time, predating them/her).

Our house is a modern house built on a larger plot and the deeds state 'no responsibility' on the boundary between our arsehole neighbours. Theirs says the same (I downloaded it from land reg) but they try to maintain it is 'our fence' because its 'on their right' even they moved in 8 years before we did and paid for that fence to be erected (supposedly, but I reckon the developer did it). They're now leaving it to fall into disrepair. Luckily I dont care as I dont have young kids or dogs like they do and am not planning on moving anytime soon, unlike them.

You may find something similar going on here. Or perhaps the fence was their when they moved in but its not their border on their deeds so they dont need or want to replace it now its come down. As others have said, legally they dont have to put up a fence anyway even if it is their border.

Also, i think its a bit much to assume they can easily afford it (or organise it) - my brother is a fencer and tells me he is now charging double what he charged a couple of years ago as that is the going rate now but that he currently has got no work on as there's a national shortage of fence panels at the moment.

HunterHearstHelmsley · 15/03/2022 15:35

@etulosba

Make sure that you mention it’s going to be inside your mother’s boundary and it’s likely to grow taller than this horrible woman’s house.

It’s unlikely to reach that height if the neighbour gets the council involved.

I never understand this logic. Instead of having a conversation, act like a child.

Funnily enough, my arsehole neighbours have lleylandi on their boundary. They're constantly having to cut it back because they let it grow too tall.

MrsAlwaysRight · 15/03/2022 18:56

Spoken to my mum tonight. The neighbour has come over (traipsed straight across my mum's garden rather than going around and up the drive). She says she doesn't plan on replacing it as her lodgers want to be able to park their car and motorbike closer to the boundary and may put some kind of storage for the bike in that area.

My mum has a brain injury which can cause her anxiety and she's now worried about security with people being able to walk freely between the properties. She has said to the neighbour that she would prefer the fence to be replaced but neighbour doesn't seem interested.

The fence is definitely neighbours responsibility and there has been a fence there for 40+ years. I think we'll have to just wait and see what happens. Just hoping it's not going to cause my mum too much upset and stress. Thanks for all the replies

OP posts:
stayathomegardener · 15/03/2022 19:59

I'd just put two posts and a piece of green shade netting/woven windbreak over the gap on your mums side.

Won't look great but privacy and security sorted.

FloBot7 · 15/03/2022 20:16

Even if the boundary is the neighBours responsibility (not guaranteed) It would cost your mum much more in legal fees to pursue some sort of order than it would to just replace the fence herself. So she can either pay for for it, find an alternative boundary or live without the french. My suggestion would be to plant some daphne shrubs. They smell lovely and there are some varieties that flower for months (try fragrant Princess). It's a good way to make the best of a bad situation.

LIZS · 15/03/2022 20:22

Or perhaps prickly shrubs like pyracantha or berberis to avoid any encroachment.

Rollercoaster1920 · 15/03/2022 20:26

Sounds like the neighbour is planning to use the boundary to open car doors etc. Get a fence put up on your mum's side of the boundary and forget about the neighbour.

Wanderergirl · 16/03/2022 09:43

Save your mum from stress and worry and just buy a new fence, if neighbours are not budging. It doesn’t need to be most luxurious one, but it will give her peace of mind. As someone mentioned, legal fees probably be more expensive then the new fence.

GeneLovesJezebel · 16/03/2022 09:47

Put something on her side to block the space. A fence panel and two posts, or some trellis. I’ve seen people on TikTok buying extendable trellis that has fake leaves on it, from B&M I think.

ohdearydearydearyme · 16/03/2022 09:59

If the neighbour is adamant that they won't replace it, then your DM should erect a suitable fence on her own side, i.e. an inch in.

I hope the pp spreading the news about the cheapskate neighbour was absolutely sure. Our neighbours (longstanding pillars of the community) did this to us, despite the land registry and both sets of house deeds clearly having the T on their side. That didn't stop them badmouthing us to the entire neighbourhood. Obviously we aren't going to distribute copies of the land registry to the neighbourhood so just have to live with all the silent treatment and evil looks. It has ruined our enjoyment of living here to some extent and a source of continual sadness.

So the choices seem to be now: live without a fence or your DM to erect her own one just inside the boundary. Obviously the neighbour won't like it, but your DM can do what she wants on her own property.

ohdearydearydearyme · 16/03/2022 10:03

And fences in front gardens are common where houses are not all the same position or facing the same way or with windows that look straight into each other etc.

CoastalWave · 16/03/2022 10:05

I'd just put your own up then.

They can't stop you so long as it's on her side - so put it in by about 2 cm!

TBH the house we are in now has a fence at the front that is clearly on the neighbours side because the idiot who lived in this house before us was an arse and wouldn't replace a fence!

Life's too short to be worrying about it.

KosherDill · 16/03/2022 10:21

@Rollercoaster1920

Sounds like the neighbour is planning to use the boundary to open car doors etc. Get a fence put up on your mum's side of the boundary and forget about the neighbour.
That's what i was wondering. If they park at the edge of the driveway, won't they be stepping out of their car onto Mum's property?

If that's the plan, they're rude.

I'd like to see a diagram.

Factsmatter · 16/02/2024 15:26

Wrong, there is no requirement to maintain a boundary by using a fence or any other means unless it is in the deeds of the property, or is adjacent to a railway line. You can mark your boundary by laying some bricks if you want or a bin hut, or a strip of tarmac…
…

79andnotout · 16/02/2024 16:00

wow posts like this always make me appreciate my neighbours. Our fences are falling down. I want a nice fence as it's a small garden and the fence is very visible when you're in it so I'm getting samples and quotes together. Neighbours on each side said they're happy for me to choose and I said they can contribute what they feel it's worth to them, as it will be more expensive than what was there before. Everyone is happy.

glitteryball · 16/02/2024 18:04

I was surprised to find when I bought this place that my house (and indeed all the houses on the estate, built in 1960s) has no single responsibility of any of the boundaries, indeed they are all shared boundaries. Apparently more common than you may think.

But sometimes what is legal and what 'seems right' aren't always the same, and have to choose your battles.

Agree as above, get one put on your mum's property just off the boundary line. Easiest thing all round.

AlwaysGinPlease · 18/02/2024 09:41

Sswhinesthebest · 15/03/2022 10:17

Offer to go halves. That’s only neighbourly

That's what we are doing. It's an enormous garden so we have agreed. It's their fence but we are paying half.

porridgecake · 18/02/2024 09:44

Chicken wire and something very prickly.

Cielmonmari · 18/02/2024 09:56

I'd be worried that hedging or shrubs might risk being trampled on by lodgers getting out of their vehicles.

As you can't force the neighbour to replace the fence it would be best for your mother's state of mind to put up a fence on her side.

SoupDragon · 18/02/2024 10:11

ZOMBIE THREAD!

it's from 2022!

notacooldad · 18/02/2024 10:15

It would be better if people stated facts on posts like this rather than ' I think' statements as it just causes confusion.
There too many conflicting posts here.
Maybe it would be better in the legal section?

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