fencing dispute

[dazza g]

we are wanting to put a new fence between our garden and the neighbours the existing fence was paid for jointly about 10 years ago and the panels are now rotten. Our neighbour is now saying we cant replace the fence so i was going to just fasten the new panels onto our side of the concrete posts but this has sparked of a major argument. He is basically getting a totally new fence free of charge. does anyone know wether he can legally stop us as i have just had a new patio laid at a cost of �3000 and would have to dig part of it up to put in new posts.

[rugeleyboy]

you can do anything you like to your side of the fence!

why dont you go to a local fencing firm and ask them to make you some trellis or panels that will fix onto the exsisting panels and in between the concrete posts?

[Siamsal]

As rb says, the crux of the matter is whose side of the boundary you intend to put the fence on. It is often very difficult (and contentious) to determine the exact - to the inch - position of the boundary. Title deeds frequently fail to contain detailed enough information but have a look at them, if you can.

In the very worst case, and if you can't get any agreement from next door, I afraid you may have to put in new posts, on your side.

Or, if you're not bothered about neighbourly relations, just put your new panels up anyway and let him take the matter further, if he wants!

[RATTER15]

The boundary fence is not usually shared, you need to find out from your deeds who actually owns the fence, usually you will own the fence to one side of the property and the neighbor will own the fence to the other side of your property, its usually marked out clearly on the deeds, perhaps your neighbor could show his deeds as well.

[maggie01]

I just wanted to say that we have had problems in the past with boundaries. Now whenever we move, we always get copies of the deeds. That way if anyone has a problem with the boundaries, we just produce the deeds and usually it shuts them up if we know we are in the right.

[kwicky]

If you find that the deeds show you are responsible for maintaining that fence I would consult a professional fencing contractor to install your new fence. With a neighbour like yours he will bound to find fault with any work you carry out yourself.

[dazza g]

Thanks for all your help we found out it is ours, so he is getting a new fence wether he likes it or not

[rugeleyboy]

i am a proffesional fencing contractor? what area are you in?