Not Your Usual Fence Boundary Dispute

[onemoredub]

On one boundary, both my neighbour and I each have a 6ft fence, with a gap in between, due to a dispute with the previous occupiers of my house and the council (one house council owned, the other privately owned). The boundary runs down the middle of the gap. Both the fences are in a state of disrepair and I am arranging for a new fence in my garden. I have asked the neighbour if they want to remove their fence and have just one good quality fence down the middle on the boundary, at no cost to them. They have refused, saying they would rather have and be responsible for their own fence. It is not clear who owns the fence.

My problem here is do I put my new fence on the boundary, or should I put the new fence where the old one is. If I put it where the old one is, there is nothing stopping them, or any future occupiers from taking their fence down and claiming part of our garden, albeit it a small strip. If I put it on the boundary, they could dispute this saying that they are loosing part of their garden by having their fence more on their side, and then the potential that any future occupiers remove our fence and claim part of their garden. Neither of us have any plans to move and the fence I am having should last about 20 years.

I can't understand why the neighbour would not agree to having a free good quality fence on the boundary!?

Any thoughts, suggestions?

[daffy654]

Place it on the boundary line, if the neighbour wants to complain about losing some of their garden by their fence being over the line then they can remove their fence.

[Baldric]

Agreed ^^^^^ on the boundry line.

[Caribeing]

You would think they would be delighted to have a new fence erected free all they have to do is maintain their side but then some neighbours are just uncooperative and stubborn. Tell them you are going ahead with your plans and hope they will agree amicably.

[Gizmonster]

Agreed as above ..... if they complain about losing any land (which they've already lost anyway), they can simply pull down the fence that is on their side.

[onemoredub]

Thanks everyone, much appreciated.