Thread: fencing
View Single Post
  #17 (permalink)  
Old 04-05-2008, 06:20 PM
pickledtink's Avatar
pickledtink pickledtink is offline
Rooter
 
Join Date: Jun 2006
Location: East Sussex coast. UK
Posts: 349
Default

Quote:
Originally Posted by carlseawolf View Post
We are going through this at the moment as we are a middle house in a group of 3 and when we moved in the boundery fencing was concrete posts and chain link but it was in a bad state.

The two neighbours have bought there houses and we are housing assocaiation and when it came to the point about who owned the fence a answer could not be found so i offered to replace the fence at my cost .

This has worked well because all the stages of the build was talked through with my neighbours and a compromise was always sorted to the satisfaction of both parties.

The biggest problem you have ( and your not going to like this ) is you rent your home and garden so it don't belong to you but the HA and so it's up to them to fight the case if any land has been grabbed , and as i know myself if you want to do work in the garden then you need written permission from your landlord but they don't need it for there back garden.

If the posts are in the same holes then that must have been the boundary long ago so they just replaced old with new , they don't need your permission or even your landlords to put up a fence or a brick wall if it's under 6' and this is not even covered under planning permission.

If you want trellis fencing then put another set of posts on your side and attach it to that and leave the fence alone as going to solisitors or court will just cost you , and just be thankful you have a new fence for nothing.

Regarding the replacement of the fence:
Nope. Anyones fence must be put purely on their side albeit right up to the boundary. If the fence the neighbours removed was originally erected on your side they have no right to touch it and have to prove it's theirs before doing so.
As the op was there first they have a stronger case that the fence was theirs whether erected by them or someone previously.
There is no such thing as a 'boundary fence'. Each side puts up their own IF they want to. It's not compulsory and there doesn't have to be one. You've still got the rights to any fence erected on your side by previous occupants however.
Reply With Quote