It isn't disputed that the fence is my responsibility. My neighbour claims that
he replaced the old one prior to my moving in here. It is a low fence and to
have some privacy I have stapled a 6ft screen to it. My neighbour says that he
doesn't like the look of it and if I don't remove it he will take down his
fence with my screen attached and leave us with nothing between us. Where do I
stand?
Bill Pritchard
Retired and Emotional

Bill Pritchard wrote:
It isn't disputed that the fence is my responsibility. My
neighbour claims that he replaced the old one prior to my
moving in here. It is a low fence and to have some privacy I
have stapled a 6ft screen to it. My neighbour says that he
doesn't like the look of it and if I don't remove it he will
take down his fence with my screen attached and leave us with
nothing between us. Where do I stand?
Bill Pritchard
Retired and Emotional

Where is the fence *exactly* in relation to the boundary line?

If, as is often the case, the posts are actually on your side of the
boundary line (this might be the case if he just replaced an existing fence
on the old line), it is not his fence, it is yours! He donated it to your
property by building it on your side of the boundary. You can tell him not
to touch the fence and take legal action if he does.

If he erected the fence on his side of the boundary line, despite your
property having responsibility, then you have erred by attaching something
to his fence. He can do whatever he likes and you will be responsible for
erecting a new fence.

If the fence/posts are exactly on the boundary then the position is not
clear.

pk

there is no such thing as your fence and his fence, there is a sort of
commonly misunderstood convention just as there's a misunderstanding that a
common law wife has some status in law. If you contact the land registry (I
did once) they will explain that the act of erecting a fence implies a
willingness to supply and maintain a fence. If he put it there it's his,
it's up to him what to do with it and so long as it doesn't infringe on your
property, exclude light (you have to be able to demonstrate 20 years
uninterrupted access to light under the 'ancient lights' legistlation) he
can do what he likes with it.

Jon


"Bill Pritchard" wrote in message
...
It isn't disputed that the fence is my responsibility. My neighbour claims
that
he replaced the old one prior to my moving in here. It is a low fence and
to
have some privacy I have stapled a 6ft screen to it. My neighbour says
that he
doesn't like the look of it and if I don't remove it he will take down his
fence with my screen attached and leave us with nothing between us. Where
do I
stand?
Bill Pritchard
Retired and Emotional

On 13 Aug 2004 10:41:49 GMT, Bill Pritchard wrote:

It isn't disputed that the fence is my responsibility. My neighbour
claims that
he replaced the old one prior to my moving in here. It is a low fence
and to
have some privacy I have stapled a 6ft screen to it. My neighbour says
that he
doesn't like the look of it and if I don't remove it he will take down
his
fence with my screen attached and leave us with nothing between us.
Where do I
stand?
Bill Pritchard
Retired and Emotional


Dear Oh dear! Fences can be such a problem with neighbours as I well know.

Some suggestions.

In the short term leave the fence as it is. Then errect a nice screen of
a suitable height well inside your boundary. Try to come to some sensible
resoltion. Consult a legal eagle. Rescue your screening, let him take
down his fence then errect a new one so there is no doubt. Consult the
last owner as to actually errected said fence. Move house! Plant some
nice screening shrubs and wait.

People can be so bloody minded when it comes to this sort of issue. Good
Luck.
--
Using M2, Opera's revolutionary e-mail client: http://www.opera.com/m2/

"Bill Pritchard" wrote in message
...
It isn't disputed that the fence is my responsibility. My neighbour claims
that
he replaced the old one prior to my moving in here. It is a low fence and
to
have some privacy I have stapled a 6ft screen to it. My neighbour says
that he
doesn't like the look of it and if I don't remove it he will take down his
fence with my screen attached and leave us with nothing between us. Where
do I
stand?

Tell him no problem. If he does, you will plant a leylandi hedge :0)

In article , Bill
Pritchard writes
It isn't disputed that the fence is my responsibility. My neighbour claims that
he replaced the old one prior to my moving in here. It is a low fence and to
have some privacy I have stapled a 6ft screen to it. My neighbour says that he
doesn't like the look of it and if I don't remove it he will take down his
fence with my screen attached and leave us with nothing between us. Where do I
stand?

AFAIK you can have a fence up to 2m but above that you need planning
permission.

If it's his fence, you should not have stapled your screen to it without
his permission. But there's no reason why you shouldn't erect your own
supports, on your ground, for your screen.

But obviously it's best to come to some agreement. You could stand firm
on your need for a 6ft screen, but perhaps he could be persuaded to pay
half in order to get a screen he likes the look of?
--
Kay
"Do not insult the crocodile until you have crossed the river"

As before. Start here

http://www.gardenlaw.co.uk/

there is no such thing as your fence and his fence, there is a sort of
commonly misunderstood convention just as there's a misunderstanding
that a common law wife has some status in law.

Sorry to say it but that is complete and utter twaddle.

For a detailed look at garden law in general and fences/boundaries in
particular take a look here.

http://www.gardenlaw.co.uk/

On 13 Aug 2004 10:41:49 GMT, (Bill Pritchard)
wrote:

It isn't disputed that the fence is my responsibility. My neighbour claims that
he replaced the old one prior to my moving in here. It is a low fence and to
have some privacy I have stapled a 6ft screen to it. My neighbour says that he
doesn't like the look of it and if I don't remove it he will take down his
fence with my screen attached and leave us with nothing between us. Where do I
stand?
Bill Pritchard
Retired and Emotional

Perhaps you should have put up a 6ft fence next to his short one if
possible. Don't believe he could do anything about that
These boundary problems are a pain - and cause upsets.
Try not to get emotional. Its not good for you.
Diana

Kay wrote:
But obviously it's best to come to some agreement. You could stand firm
on your need for a 6ft screen, but perhaps he could be persuaded to pay
half in order to get a screen he likes the look of?

Or maybe, do what I have seen done in a couple of places, have one or two
6ft high panels at the house end of the fence, then shorter panels from
there to to the end of the garden. Best of both worlds then.

HTH,

sarah

"PK" wrote in message
...
Bill Pritchard wrote:
It isn't disputed that the fence is my responsibility. My
neighbour claims that he replaced the old one prior to my
moving in here. It is a low fence and to have some privacy I
have stapled a 6ft screen to it. My neighbour says that he
doesn't like the look of it and if I don't remove it he will
take down his fence with my screen attached and leave us with
nothing between us. Where do I stand?
Bill Pritchard
Retired and Emotional

Where is the fence *exactly* in relation to the boundary line?

If, as is often the case, the posts are actually on your side of the
boundary line (this might be the case if he just replaced an existing
fence
on the old line), it is not his fence, it is yours! He donated it to
your
property by building it on your side of the boundary. You can tell him
not
to touch the fence and take legal action if he does.

If he erected the fence on his side of the boundary line, despite your
property having responsibility, then you have erred by attaching
something
to his fence. He can do whatever he likes and you will be responsible
for
erecting a new fence.

If the fence/posts are exactly on the boundary then the position is
not
clear.

pk

******
All OK up until the last sentence.
If the fence is sited exactly between the two gardens and extrapolates
exactly to half width of the centre , or dividing line between the two
houses them it is general practice for the fact to be written on to
yours and his Deeds and it is general practice to have the following
sentence inserted , "Maintenance of the fence is the dual responsibility
of the two house owners". So the boundary between the two houses is
right down the centre of the width of the fence, therefore each
householder is responsible for the upkeep of his half side of the fence.
The result is that neither side can interfere with the structure of the
fence or the siting of it.. They can of course agree on the joint
agreement to
renew the fence, in which case an agreement acceptable to both will
decide who does what and who pays for what. The new fence therefore will
be raised in excactly the same place as it was before and at the height
in general force at the time.
Doug.

Doug. wrote:
If the fence/posts are exactly on the boundary then the
position is not clear.

pk

******
All OK up until the last sentence.
If the fence is sited exactly between the two gardens and
extrapolates exactly to half width of the centre , or dividing
line between the two houses them it is general practice for the
fact to be written on to yours and his Deeds and it is general
practice to have the following sentence inserted , "Maintenance
of the fence is the dual responsibility of the two house
owners". So the boundary between the two houses is right down
the centre of the width of the fence, therefore each
householder is responsible for the upkeep of his half side of
the fence. The result is that neither side can interfere with
the structure of the fence or the siting of it.. They can of
course agree on the joint agreement to
renew the fence, in which case an agreement acceptable to both
will decide who does what and who pays for what. The new fence
therefore will be raised in excactly the same place as it was
before and at the height in general force at the time.
Doug.

You are correct for boundary fences that are designated on the deeds as
"joint" ie -|- on the plans.

But if the plans say " -| " but the fence has been erected " -|- " by the
non responsible owner. It is not, correction, I am not clear as to the
position

pk

"PK" wrote in message
...
Bill Pritchard wrote:
It isn't disputed that the fence is my responsibility. My
neighbour claims that he replaced the old one prior to my
moving in here. It is a low fence and to have some privacy I
have stapled a 6ft screen to it. My neighbour says that he
doesn't like the look of it and if I don't remove it he will
take down his fence with my screen attached and leave us with
nothing between us. Where do I stand?
Bill Pritchard
Retired and Emotional

Where is the fence *exactly* in relation to the boundary line?

If, as is often the case, the posts are actually on your side of the
boundary line (this might be the case if he just replaced an existing
fence
on the old line), it is not his fence, it is yours! He donated it to
your
property by building it on your side of the boundary. You can tell him
not
to touch the fence and take legal action if he does.

If he erected the fence on his side of the boundary line, despite your
property having responsibility, then you have erred by attaching
something
to his fence. He can do whatever he likes and you will be responsible
for
erecting a new fence.

If the fence/posts are exactly on the boundary then the position is
not
clear.

pk

******
All OK up until the last sentence.
If the fence is sited exactly between the two gardens and extrapolates
exactly to half width of the centre , or dividing line between the two
houses then it is general practice for the fact to be written on to
yours and his Deeds and it is general practice to have the following
sentence inserted , "Maintenance of the fence is the dual responsibility
of the two house owners". So the boundary between the two houses is
right down the centre of the longitudinal width of the fence, therefore
each
householder is responsible for the upkeep of his half side of the fence.
The result is that neither side can interfere with the structure of
the fence, which case an agreement acceptable to both will
decide who does what and who pays for what. The new fence therefore will
be raised in excactly the same place as it was before and at the height
in general force at that time.
Doug.
******