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GARDEN FENCE DISPUTE.
20 Answers
I have recently moved into a new home semi -detached and the original boundry fence, has been taken down & replaced by my neibour.
I had pinned 1-2 small garden ornaments too the main posts on my side of the fence, my neibour has reached over and keeps throwing these to the floor, stating it is his fence and I am not too touch it.
Is this correct ? . can I put screening up / attach things too the, when it appears to clearly be attached too the central wooden wall screen and is in my boundry level..How do we stand in UK law.
I had pinned 1-2 small garden ornaments too the main posts on my side of the fence, my neibour has reached over and keeps throwing these to the floor, stating it is his fence and I am not too touch it.
Is this correct ? . can I put screening up / attach things too the, when it appears to clearly be attached too the central wooden wall screen and is in my boundry level..How do we stand in UK law.
Answers
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The fact that the main posts are your side suggests its your fence not your neighbours whoever erected it. Anyway boxtops ask yourself if this is the situation now not long after you've moved in what's it going to be like in a couple of years? I say stop unpacking those last few boxes in the garage and move from this un-neighbourly neighbour!
He's clearly an a***hole, and a bully.
In my experience, the best way to deal with this type of person is a smack in the face.
Please note that I'm not recommending this as a course of action - merely stating one possible method of dealing with the situation.
I would imagine you could get him prosecuted for criminal damage for throwing your ornaments to the floor.
In my experience, the best way to deal with this type of person is a smack in the face.
Please note that I'm not recommending this as a course of action - merely stating one possible method of dealing with the situation.
I would imagine you could get him prosecuted for criminal damage for throwing your ornaments to the floor.
You need to know if it is ALL on his land. If it is, he can place posts on whichever side he likes. Traditionally, the posts are ON the boundary line, and that is effectively agreed .. and recorded by L. Registry (and maybe planning in Council records)
If it is all on his land, then "legally" there is nothing much you can do ... apart from proscecuting him for any damages.
If the posts are on the boundary, then you can use them.
If it is all on his land, then "legally" there is nothing much you can do ... apart from proscecuting him for any damages.
If the posts are on the boundary, then you can use them.
get all your information verified about who owns the fence, on whose land it is situated etc etc and the legal rights associated with the fence (maybe Citizens advice could help) before you chat with the delight known as your neighbour. Calmly tell him you had hoped to have a friendly relationship with your neighbours but as this appears to be a non-starter, you are not going to put up with illegal and harassing behaviour from him and will not hesitate to take the matter further if his behaviour continues to cause you distress.
I remember the first house I had the neighbour was a git.
We had the rotting fence down the side replaced with a brand new one and a 2 weeks later had a letter saying the bottom panel was 4 inches on his land!
I always understood that the maintenance of a boundary fence was set out in the deeds,mine is the one on the right hand side and along the bottom of the back garden.
You can put anything you like on your side of the fence since it is part of your garden.He is being an idiot.
We had the rotting fence down the side replaced with a brand new one and a 2 weeks later had a letter saying the bottom panel was 4 inches on his land!
I always understood that the maintenance of a boundary fence was set out in the deeds,mine is the one on the right hand side and along the bottom of the back garden.
You can put anything you like on your side of the fence since it is part of your garden.He is being an idiot.
Since you agree he put the fence up, then you aren't permitted to attach anything to it - on your side or anyway else.
Agree with Albags comment that it boils down to whether all the fence is within his land. However this is likely to harder to demonstrate than you think. One indicator is whether the Land Registry has recorded little T letters on the title plan adjacent to the boundary. The side that the T appears is the side of the owner and responsibility for maintenance. However often there is no such marking.
I disagree that 'traditionally posts are on the boundary line'. If there is no other indication within any of the plans or words held at the LR (or within the deeds for unregistered land), then the law presumes that the owner is on the side where the posts and struts are.
Above all it isn't worth fighting a legal dispute over small distances of land on boundaries (except in really rare circumstances when other factors are at stake). I think you are going to have to accept that he replaced the original fence wholly on his land unless you have pretty clear evidence to the contrary, and since you know he erected the fence the have no legal right to attach things to it.
Agree with Albags comment that it boils down to whether all the fence is within his land. However this is likely to harder to demonstrate than you think. One indicator is whether the Land Registry has recorded little T letters on the title plan adjacent to the boundary. The side that the T appears is the side of the owner and responsibility for maintenance. However often there is no such marking.
I disagree that 'traditionally posts are on the boundary line'. If there is no other indication within any of the plans or words held at the LR (or within the deeds for unregistered land), then the law presumes that the owner is on the side where the posts and struts are.
Above all it isn't worth fighting a legal dispute over small distances of land on boundaries (except in really rare circumstances when other factors are at stake). I think you are going to have to accept that he replaced the original fence wholly on his land unless you have pretty clear evidence to the contrary, and since you know he erected the fence the have no legal right to attach things to it.
Even if the legal position is that you may not attach anything, normal behaviour between neighbours dictates otherwise.
The man is a bell end, and totally unreasonable.
The soil in your garden is helping his fence to stay up - if he won't start behaving reasonably, then excavate a trench 300mm wide and 1000mm deep alongside the boundary. Next time there's a slight breeze, his precious fence will fall over, and he'll be unable to rebuild it.
The man is a bell end, and totally unreasonable.
The soil in your garden is helping his fence to stay up - if he won't start behaving reasonably, then excavate a trench 300mm wide and 1000mm deep alongside the boundary. Next time there's a slight breeze, his precious fence will fall over, and he'll be unable to rebuild it.
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