Neighbours & Fences

[apprentice87]

It makes no difference who owns the fence, paid for it, put it up, anything. It is what it says in the title register, that matters. If the title register says it is a party fence, then it is a party fence, irrespective of who paid for it, whose land it is on, or anything like that.. There COULD be a covenant that says that YOU are responsible for erecting an maintaining a fence for the people next door for THEIR benefit, not yours..

As to boundaries, these change over time, and the land registery maps are only accurate to about +/- one METRE.

Rapparee is 1000% correct... You need the full facts of the case, and, the only way you will get these, is by inspecting the title register....

john..

 

[datadiffusion]

It makes no difference who owns the fence, paid for it, put it up, anything. It is what it says in the title register, that matters. If the title register says it is a party fence, then it is a party fence, irrespective of who paid for it, whose land it is on, or anything like that.. There COULD be a covenant that says that YOU are responsible for erecting an maintaining a fence for the people next door for THEIR benefit, not yours..

As to boundaries, these change over time, and the land registery maps are only accurate to about +/- one METRE.

Rapparee is 1000% correct... You need the full facts of the case, and, the only way you will get these, is by inspecting the title register....

john..

The Land Registry map for ours is hopelessly useless. Next doors lean to comes 12" onto our back wall (I.e if I drilled a hole in the corner of our back room, it would come out in their lean to, a mistake I nearly made a few days after we'd moved in) and the map shows that the edge of our garage is the boundry when in fact there is an 18" gap then the original 1850s drystone wall.

 

[Murdoch]

It makes no difference who owns the fence, paid for it, put it up, anything. It is what it says in the title register, that matters. If the title register says it is a party fence, then it is a party fence, irrespective of who paid for it, whose land it is on, or anything like that.. There COULD be a covenant that says that YOU are responsible for erecting an maintaining a fence for the people next door for THEIR benefit, not yours..

As to boundaries, these change over time, and the land registery maps are only accurate to about +/- one METRE.

Rapparee is 1000% correct... You need the full facts of the case, and, the only way you will get these, is by inspecting the title register....

john..

You to are wrong.

The op says he put a fence on his land..... So it's his. 

The title deeds may suggest that the fence on the actual dividing line is your neighbors, but if they don't maintain it, you are within your rights to erect a new fence on your side off the diving line.

Also the fence doesn't have to be maintained in the majority of cases, but boundary marking  is...

 

[steptoe]

TBH, IMHO, the land registry means not a lot.

I have about 12' out the back of my house I have fenced off, the council came and told me to take it down as it was their land,

I asked them for a copy of adopted roads via the freedom of information act, its NOT their land, they "forgot" to adopt it, :slap

They haven't came back to me since, 

Look up adverse possession,

I'd say it would be very difficult to take a case against someone for painting 'their' side of a fence, no matter who paid for it.

Neighbour on one side of me is brilliant, she buys the paint/stain/new panels/whatever, I provide the labour. 

Neighbours on other side are dicks,! well the husband is anyway, the wife and daughter (who actually owns the house) are spot on.

 

[Lurch]

my neighbours builder has painted their side of the fence dog egg brown.

I think @Apache needs to check out your dog!

lets face it, they didn't deliberately set out to dribble fence stain to your side

I have to agree with binky, its not their fault the fence coating ran into your side

Anyone competent enough to paint the fence would know that the paint/stain will run on a lapped fence. Totally their fault, and I too would be livid. If they can't paint the fence satisfactorily then it is down to them to replace it, their public liability should cover it.

 

[datadiffusion]

We've got a bit of land out the front we drive across that no one will fess up to owning.

We were assured it was insured for some crazy amount if anyone ever came forward to claim it.

When I looked at the paperwork, the insured land was in another part of town!

The previous owners of some 15 years had been under completely useless insurance and a false sense of security.

All sorted now though and surprisingly cheap.

 

[steptoe]

A lot of it boils down to the old adage,

Possession is 9/10ths if the law.

Once you possess something its down to the other party to prove that you don't own it, not down to you that you do.

In this type of case anyway, from my own experience.

 

[ruston]

Depending on the actual definition of the fence ownership , this link may clear up the obligations of party wall/fences .

 You can not just do as you please .

I had a similar problem years ago where the owners of an adjoining property were going to knock down a brick party wall down and put a wooden fence fence in it's place.

 They were adamant that they could do it , but they could not without my agreement.

http://www.building.co.uk/a-quick-guide-to-the-party-wall-act-1996-what-it-is-and-what-work-it-covers/5035491.article

There is an official guide , but this one will give you the gist.

 

[Blue Duck]

Well...

I have calmed down a bit now but I'm still not happy!

Our gardens were once a public park, the plots were divided up many years ago but there was no requirement to put up fences, this became an agreement between neighbours to have or not have fences, some still don't have fences and share the space amicably.

So the fence is mine and not subject to a party wall agreement as far as I know.

This is the fence when me & the boy were building it.

And this is it now.

To be honest I think Cheech & Chong courgetteed up as they have helpfully stopped painting the fence.

Hopefully the owner will be about later and I can have a word.

Thank you for all your input and advice its good to know that the law is on my side.

 

[apprentice87]

As i said previously, the ONLY way you will know is to download a copy of the land cert and the one for next door. Without that you might as well ask the seal fairy...

john..

 

[datadiffusion]

Our gardens were once a public park, the plots were divided up many years ago

Sounds interesting - a bit like my parents old house.

Built in the 1930s, at the back of all the gardens was a 15m gap and then farmland with a right of way running parallel.

When they built a new estate in the 1950s, rather than re-divert the footpath to butt up with the back of our gardens (as would almost certainly happen today)

they instead gifted the land between the existing footpath and the back of the existing gardens to each plot.

 

[rapparee]

Look up adverse possession,

A lot of it boils down to the old adage,

Possession is 9/10ths if the law.

Typical planter mentality there steps.

 

[Murdoch]

As there haven't been any fences in the past, I suspect the ownership of said fence is likely to be open to interpretation........ BUT if its clearly your fence as per the land registry markings then my previous comments stand...

 

[binky]

seen worse bird droppings than those runs Duck, ( I do ive in an area with seagulls)  just do your side or even better grow something like Jasmin along the fence.

Anyone competent enough to paint the fence would know that the paint/stain will run on a lapped fence. Totally their fault, and I too would be livid. If they can't paint the fence satisfactorily then it is down to them to replace it, their public liability should cover it.

yep plain stupid, but lack of common sense doesn't mean they delibrately went out to upset the duck.....

 

[Blue Duck]

That's just one panel and they only painted half of it. 

We have some jasmine and some other climbers which Mrs duck very helpfully cable ties to anything. :lol:

Did I mention it's a new fence? I don't really have the time to paint it either but if I do it will not be dog brown.

 

[Lurch]

yep plain stupid, but lack of common sense doesn't mean they delibrately went out to upset the duck.....

Exactly, which is why there is insurance. I wasn't suggesting they did it deliberately.

 

[rapparee]

Did I mention it's a new fence? I don't really have the time to paint it either but if I do it will not be dog brown.

Whenever you paint it duck blue, make sure your bit runs over to "their" side

 

[ProDave]

Well...

I have calmed down a bit now but I'm still not happy!

Our gardens were once a public park, the plots were divided up many years ago but there was no requirement to put up fences, this became an agreement between neighbours to have or not have fences, some still don't have fences and share the space amicably.

So the fence is mine and not subject to a party wall agreement as far as I know.

This is the fence when me & the boy were building it.



And this is it now.

To be honest I think Cheech & Chong courgetteed up as they have helpfully stopped painting the fence.

Hopefully the owner will be about later and I can have a word.

Thank you for all your input and advice its good to know that the law is on my side.

I can see the issue. You put the panels up the wrong way round. If they were reversed, nothing would have run down your side.

 

[binky]

Exactly, which is why there is insurance. I wasn't suggesting they did it deliberately.

it would be quicker and easier just to sort it out than make an insurance claim :slap

 

[steptoe]

Typical planter mentality there steps.

:Stir:

:slap