Inter-property fence

[Levo-Lon]

I wouldn’t bother replacing, instead stick a new post next to the existing one, the two posts will strengthen the fence better.

As said if its on the left looking at your house its yours but chech boundaries .
I haven't heard of it being on the right.
A bottom fence can be more of a hassle but rule of thumb is good towards neighbours so you would be the owner.

Only time you may have the rails your side and it still be the neighbours is if your side is full of bushes and sheds ect so it cant be railed and boarded from your side.
I have one done this way but the neighbour paid for the fence and i put it up.


The post is what the rails are nailed too.
It would work and be a far quicker fix.

OP, this requires a 2foot deep hole, 1 8 foot post and a bag of post crete.
Cost around £20-£25 max.
Pop off 2 feather boards, dig hole, set post, nail or screw post to rails from boarded side, replace feather boards, get on with life.

Or he does it, you have to do this from his side Ideally or you need to remove 5 boards so you can climb through to dig it.

 

[vickster]

As said if its on the left looking at your house its his.
I haven't heard of it being on the right.
A bottom fence can be more of a hassle but rule of thumb is good towards neighbours so you would be the owner.

Only time you may have the rails your side and it still be the neighbours is if your side is full of bushes and sheds ect so it cant be railed and boarded from your side.
I have one done this way but the neighbour paid for the fence and i put it up.


The post is what the rails are nailed too.
It would work and be a far quicker fix.

OP, this requires a 2foot deep hole, 1 8 foot post and a bag of post crete.
Cost around £20-£25 max.
Pop off 2 feather boards, dig hole, set post, nail or screw post to rails from boarded side, replace feather boards, get on with life.

Or he does it, you have to do this from his side Ideally or you need to remove 5 boards so you can climb through to dig it.

My inkling is the oppsite, left = it's yours, quite possibly not correct though

 

[Tilley]

Look at your deeds. If the boundary ownership is defined it will be marked with a T mark. The side which has the head of the T denotes the boundary ownership. If the boundary has no T mark then the boundary ownership is joint and all costs are shared.

 

[the snail]

My inkling is the oppsite, left = it's yours, quite possibly not correct though

It's not true. Generally there's no rule that says you have to have a fence, or on which side you should have one. If the fence is on your property, then it's up to you what you do with it. By convention, the posts go on the inside not the outside, but so long as it's on your property, it's up to you. If you're ok that the fence is within his property, then the most I'd do would be to offer to help him repair it at his expense. Mending a fence post can be hard work, and I've got better things to do than go out in the cold and rain and do their job for them. Sometimes you can do a temporary repair by banging some angle iron down the corner of the post and screwing it to the post.

 

[figbat]

OK, so I found the original deeds from when the house and estate were built. It does mention that I am responsible for the upkeep of any boundary erection placed on that boundary by the transferee (that being the original developer). However, it is very clear that this is not the original fence and it is placed within the boundary of the neighbour. It looks like a previous occupant of the neighbour’s house has decided they wanted a nice fence and put one up around their whole garden. This means that the fence is wholly on their property and the original boundary erection is essentially gone.

as far as I am concerned it’s either:

(1) their fence on their land, so they fix it, or...
(2) my fence, meaning the land it is on is mine, so thank-you-very-much I’ll rebuild the fence the other way round.

What I won’t accept is that it is somehow my fence on their land so I must fix it. If they want to collaborate then I’m up for that, but I suspect they are not technically capable and I’m not getting a pro in. If the post was my side I’d just do it and I wouldn’t have even thought about who ‘owned’ it.

 

[raleighnut]

OK, so I found the original deeds from when the house and estate were built. It does mention that I am responsible for the upkeep of any boundary erection placed on that boundary by the transferee (that being the original developer). However, it is very clear that this is not the original fence and it is placed within the boundary of the neighbour. It looks like a previous occupant of the neighbour’s house has decided they wanted a nice fence and put one up around their whole garden. This means that the fence is wholly on their property and the original boundary erection is essentially gone.

as far as I am concerned it’s either:

(1) their fence on their land, so they fix it, or...
(2) my fence, meaning the land it is on is mine, so thank-you-very-much I’ll rebuild the fence the other way round.

What I won’t accept is that it is somehow my fence on their land so I must fix it. If they want to collaborate then I’m up for that, but I suspect they are not technically capable and I’m not getting a pro in. If the post was my side I’d just do it and I wouldn’t have even thought about who ‘owned’ it.

I've a story that i'll post but it's Friday night and I'm a bit pi55ed

 

[Drago]

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).

That's an old wives tale, urban myth, fairy tale, call it what you will. They can and go either side (mine is on the right, and part of it blew down yesterday too! ). The deeds will clearly indicate who is responsible for maintaining the boundary, and that doesn't necessarily mean a wall or fence, but can simply mean ensuring no person or animal crosses it. Again, deeds and any associated covenants will clear that up, and is the sort of thing any prospective homeowner should take note of when the surveys and searches are done (but no one ever does).

 

[classic33]

OK, so I found the original deeds from when the house and estate were built. It does mention that I am responsible for the upkeep of any boundary erection placed on that boundary by the transferee (that being the original developer). However, it is very clear that this is not the original fence and it is placed within the boundary of the neighbour. It looks like a previous occupant of the neighbour’s house has decided they wanted a nice fence and put one up around their whole garden. This means that the fence is wholly on their property and the original boundary erection is essentially gone.

as far as I am concerned it’s either:

(1) their fence on their land, so they fix it, or...
(2) my fence, meaning the land it is on is mine, so thank-you-very-much I’ll rebuild the fence the other way round.

What I won’t accept is that it is somehow my fence on their land so I must fix it. If they want to collaborate then I’m up for that, but I suspect they are not technically capable and I’m not getting a pro in. If the post was my side I’d just do it and I wouldn’t have even thought about who ‘owned’ it.

If the current fence is entirely on someone else's property, you face the possibility of any replacement fence being moved back to the actual boundary making your garden smaller.

 

[Levo-Lon]

My inkling is the oppsite, left = it's yours, quite possibly not correct though

Yes, i seem to have crossed my arms, ive edited it, thanks.

Tho its not as per original post as the fence is not on the boundary its on the neighbouring land so completely his problem. The neighbours that is.

That said he doesn't have to repair it and it would be your responsibility to keep a pet dog on your land and not the neighbours. If that was the case for the fence repair..

 

[figbat]

Yep, considered this. If so it will be a few inches.

I have also discovered that there is no obligation to fence or otherwise enclose your property. And as pointed out above, you need to disconnect the boundary from the boundary feature. The boundary is a conceptual line between two properties that nobody ‘owns’. The boundary feature is whatever material object is installed one side or other of it.

 

[figbat]

No pets involved. A couple of kids but they are largely tame.

 

[oldwheels]

A fence or wall is not necessarily a boundary. I once had to walk with a property surveyor round quite an extensive and complicated area. We had the title deeds with us and discovered that many boundaries did not correspond to walls or fences. Over the years when new walls or fences were put up the person doing it " stole " a few yards of neighbouring land and nobody challenged it or even noticed at the time hoping we presumed that the increase in area would eventually be accepted.

 

[Salar]

That's an old wives tale, urban myth, fairy tale, call it what you will. They can and go either side (mine is on the right, and part of it blew down yesterday too! ).

Correct, fence ownership can be any side or no side. Our present house built down a lane was the first of four properties built and we are responsible for all fences and boundaries around our property.

 

[All uphill]

The only thing I can add to this is to suggest you work to avoid any risk of this turning into a neighbour dispute.

If the wobbly fence bothers you, but not your neighbour, then you may want to do a quick repair(putting in a prop for example) and not stress about it.

It's great to have good relations with your neighbours and can become awful if not. When you come to sell you may be asked about neighbour disputes by the prospective buyers.

 

[raleighnut]

A fence or wall is not necessarily a boundary. I once had to walk with a property surveyor round quite an extensive and complicated area. We had the title deeds with us and discovered that many boundaries did not correspond to walls or fences. Over the years when new walls or fences were put up the person doing it " stole " a few yards of neighbouring land and nobody challenged it or even noticed at the time hoping we presumed that the increase in area would eventually be accepted.

Yep, we had a dispute over a fence with a neighbour, he'd slathered his side with a mix of creosote and old engine oil to the point where there were puddles of this toxic mix on the concrete our side. This had made our cats extremely ill not to mention the black paw prints all over the carpet. I told him I would be cutting the fence down and burning it. He then countered by saying it was his fence and to support this gave me a copy of the plans for his concrete Garage showing it was 2 foot from the boundary line when built, unfortunately the fence was 33 inches from his Garage by my Lufkin* tape measure so I thanked him for proving that the fence was in our garden and I could do whatever I wanted with it. He took it down sharpish when my mate came round with his Chainsaw that I'd asked to borrow.

* Lufkin tape measures are 'de rigeur' in the site joinery/shop-fitting/exhibition world, a bit like Estwing leather handled hammers and 'De Walt' cordless drills.