Boundary fence

[lizzi]

I've just moved in to a house and the first thing that the man next door said to me was that the fence that is on my boundary side was put up by him (it had no fence there before) and just as a temporary measure because the people who lived in our house had a dog. He was now going to take it down (it was old and rotting!) because I had moved in and - in his words - would probably put up a nice new fence! I was going to at some point in the future when I had the money, so at the minute there is no fence there and I am now very overlooked! The thing that I wanted to ask anyone is when I bought the house, did I buy that boundary fence with it, regardless of who put it up? Did my neighbour have the right to take down a fence on my side, although he said that it was his? Many thanks in advance. L.

[Hawkwalk]

my guess would be no, he cant just take it down saying it was his fence if it was on your property.

I would suggest putting this question into legal where someone may know the answer.

[jake-the-peg]

Neighbour disputes can get really nasty and make you life a total misery. When you sell a house you have to disclose if there have been disputes and if it gets legal everybody (other than the lawyers) looses a lot of money.

It's really worthwhile trying to keep a good relationship with your neighbours even if they seem a bit odd when you first move in and do things that annoy you like this.

Does it matter what the answer to your question is? if you're in the right legally are you going to go in all guns blazing? because you could really live to regret it.

Remember that he's rather overlooked now too - I guess he's hoping that by removing it you'll quickly stump up for a new fence and not put it to the back of your jobs to do list.

Personally I'd talk to him and explain that after buying the house you're a bit stretched and hadn't budgeted for a new fence so it'll be 6 months or so before you'll be able to afford it.

You may find the fence magically reappears

[kwicky]

You say the fence is rotting and therefore not too much of a loss. If it were me on a low income I would buy just 2 x 6' fence panels thereby staking your claim to that boundary. Then when you are able to afford it buy additional panels for the remainder. Your deeds should show the ownership of that boundary if you are uncertain.

[lizzi]

hi jake-the-peg, no, it doesn't really matter what the answer is, it's just that he's a one apparently for his boundaries according to other neighbours, because they've had trouble with him before, and I just wanted to be a bit clued up about it legally in case he started getting a bit shirty about it! So far he's been really friendly with us and I wouldn't cause any ill feeling over a small matter like this! Hopefully we'll put up a (6ft!) fence in the spring. Thanks for your advice everyone!