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boundary fence
we have just erected a 6ft fence on our land ajoining the house next door we left the boundary fence in place. the guy next has removed the boundary fence and is telling us that it is ours and we have to remove it, although he had a 6ft panel nailed to it, he is also saying because his garden is lower than ours we have to push our fence down so it is level for him, because he has gaps were our soil can be seen. we said that as he removed the boundary fence its up to him to replace it. i think the problem is that they are looking to sell and they want us to foot the bill for decent fencing
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You need to look at your deeds. There will be sideways Ts along the boundaries.
If the T is pointing into your garden, the fence is your responsibility alone.
If it points next door, it is your neighbours. If it makes a H (so goes into both gardens) it is a party fence and you are both equally responsible.
Clearly explained here:
http://www.gardenlaw.co.uk/boundaries.html
So, if it is your fence, your neighbour should not have removed it. However, you would still be obliged to maintain it.
If it is his, he should dispose of it as he sees fit.
If it is party, you will need to come to some arrangement.
You do have a problem. If it is your neighbour's responsibility, he could erect a new fence on the boundary - this could cause your fence to be damaged or rot - you will not be able to maintain it properly.
If it is your responsibility, the neighbour is right - you have to maintain the boundary and make sure it is safe and secure.
If the T is pointing into your garden, the fence is your responsibility alone.
If it points next door, it is your neighbours. If it makes a H (so goes into both gardens) it is a party fence and you are both equally responsible.
Clearly explained here:
http://www.gardenlaw.co.uk/boundaries.html
So, if it is your fence, your neighbour should not have removed it. However, you would still be obliged to maintain it.
If it is his, he should dispose of it as he sees fit.
If it is party, you will need to come to some arrangement.
You do have a problem. If it is your neighbour's responsibility, he could erect a new fence on the boundary - this could cause your fence to be damaged or rot - you will not be able to maintain it properly.
If it is your responsibility, the neighbour is right - you have to maintain the boundary and make sure it is safe and secure.
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