Inter-property fence

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figbat

Slippery scientist
Scenario: the 6-foot fence between our rear garden and our neighbour's has a broken fence post, most recently highlighted during storm Brendan. I hadn't noticed it but my neighbour (to whom we barely speak due to his and his partner's apparent social introversion) mentioned it to me when I happened to be outside at the same time as he was. The fence is a continuous arris rail and feather-edge fence. It is erected with the finished face towards our garden (so we can't see the posts or arris rails, just the feather-edge and gravel board).

The neighbour implied that the fence was ours. I don't know what the deeds say. It is highly likely that the fence was built by his predecessor in the house, given its construction and the fact that at the far end of their garden this same fence construction turns at 90° and continues along the far end of their garden. We arrived after the current neighbours; the previous owner of our house is well-known to have been unlikely to have forked out on what is generally a decent fence installation. All circumstantial evidence points to the actual material of the fence belonging to the neighbours, regardless of the legal responsibility. My wife has an inkling that it is our boundary, but no evidence. Looking out of our house into the garden, the fence is to our right.

I suspect that the neighbour doesn't have the ability or inclination to try and fix it. After telling me which post was broken and that it was my fence he broke off contact and disappeared. When I entered the garden to check it out I am faced with a continuous run of feather-edge and no idea where the posts even are, let alone finding the broken one. Running my hands along the top of the fence I located the posts and by pulling and pushing found the broken one.

I'm not sure the neighbour even realises that in order to fix it I'd probably have to do it from his side. In fact I have formed a thought plan where I may be able to prise some of the feather-edge off from my side, remove the nails holding the arris to the broken post and hopefully manage to extract the broken stump (which is probably broken at ground level), then run a new post in, cut the rebates for the arris, nail it all back together and get on with my life.

Further context is that the only way into their garden is either through their house or over the fence. I can access my garden down a side access gate.

My options:
(1) ignore it. I did some temporary shoring up so it is now solid but unsightly (on our side).
(2) just get on and fix it along the lines of what I have thought
(3) seek out the deeds and confirm boundary ownership before lifting a finger (not even sure where to start on this)
(4) tell him it's clearly his fence and he can fix it
(5) attempt a 50:50 joint venture (chances are low that he'll engage, but I might be surprised)

Any other ideas? Input? Suggestions? Will my fence repair plan work? I work full time and weekends are pretty busy so if I were to take it on (which I am not averse to) it would have to wait until I have the time and weather to do it.
 

vickster

Legendary Member
Based on my very limited knowledge - I believe if, as you look at your property it's to the left it's yours...if to the right it's theirs (as it's to the left of their property).
I could be entirely wrong as this is at odds with your inkling!

Around the re-building no idea - I'd pay someone to do it (as I do pretty much for anything house related!)
 
I would say that it is your neighbours fence because the posts are his side. How would the occupier of your property fit posts on your neighbours property ? I would say this regardless of whether it is left side or right side. If the posts were central ie slot in fencing then that may be a different story. We have just had a new fence which is featherboard with arris rails and the posts are on our side so really there is no dispute. Unless your deeds say otherwise and somebody did a naughty and went on the neighbours to install them. People seem reluctant to get fences repaired as is evident near us. One further point, don`t bother with wooden posts anymore and tell the neighbour that too ! Hope you can get it sorted amicably.
I should have added that whoever fitted the fence would have needed access to your property to nail the fence in position.
 
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BoldonLad

Not part of the Elite
Location
South Tyneside
I would tend toward the "fence posts on his side, his fence" approach., unless the deeds say otherwise.

But, in the interests of peace and harmony, I think, personally, I would opt to buy a fence post, and, with neighbour, one dry and sunny day, fix it, perhaps, with a couple of cans to oil the wheels, so, to speak.

You never know, you might even end up liking each other. ;)
 
I wouldn’t bother replacing, instead stick a new post next to the existing one, the two posts will strengthen the fence better.
 
D

Deleted member 26715

Guest
C is the only advisable option, if you own the house you should have the deeds somewhere, if it is mortgage then your mortgage company will have them. Or if it is fairly modern or you have moved within the past 5 years the deeds are held by the land registry, you can contact them regarding it. Although if he has the posts & you have the nice side of the fence it's likely to be yours.
 
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