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Fencing between neighbours gardens

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citreonsuzie | 16:26 Sun 14th Oct 2012 | Law
9 Answers
There is a fence between my garden and my neighbours garden. I have put handing baskets on brackets on my side of the fence on the concrete posts of the fence.These have been in place several years
The neighbours are replacing the fence and say I should not have put the hanging baskets on their posts, and told me to remove them.

Was I right to put up baskets on my side of the fence ? Are they right to tell me to remove the baskets? They never said anything when I put them up.

Many thanks for advice
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I think thats depends on who owns the fence. If the fence was there before they moved in that should be fine. If it is there own fence than you could ask to put them there. If the council own it there should build a new fence if they own it leaving the existing fence up. My information is not True but that's what I think hope it helps
If they own it then yes they can. I once got a police caution for damaging their property when a neighbour complained and all I did was tie a pit of string to it. OK, to be honest, part of the police caution was for calling him a few things, but the bottom line was i could do nothing with HIS fence.
Miserable sods regardless of the legal position imho.
Does the neighbour ask your permission to come onto your property every year to apply a suitable fence treatment or are you expected to do the work for them?
Neither, douglas9401. They don't need to maintain it if they don't want to, neither would they ask the neighbour to maintain it.

Legally you should ask before you hang things off someone else's property. Just because it's a fence doesn't make any difference.
You can obtain Office Copies of the Register of Title from the Land Registry as well as a Title Plan (£4 each) (or ask your solicitor to send you a photocopy from the file wen you bought). There should be 't-marks' to show which fences you are responsible for maintaining. usually, if the posts are on your side, then that fence is for you to maintain - but also check the wording in the Official Copy. You also own that side of the fence that faces into your property - so you can paint it.creosote it. fix anything to it (as lon as it does not damage the opposite side) - and your neighbour has no locus standi to do anything about it.
If the posts are on your side of the fence and the Arris rail too, the fence belongs to you and is your responsibility. If there is a fence the other side of the garden the Arris rail should be hidden from you as it is not your fence
Hoever Jeanijay, I think you'll find the fence belongs to whoever put it there irrespective of their arris.
I don't know my arris from my elbow!
We've had this problem with our neighbour. OH made a beautiful hanging basket to put on the fence, and the eejit next door kicked up a fuss about it because it was his fence. I sympathise.

If you own the house, you may well find out who owns the fence itself by looking through your purchase documents. Or as Barquentine says, ask via the Land Registry office.

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