Neighbour Added Trellis To Our Fence

[geoff1057]

The 6ft border fence between ourselves and our neighbour was paid for by us,he didn't want to pay anything towards it, So its our fence, but he paints his side and hangs plants off it etc. Whilst
we were on holiday he has fixed trellis about 18inches higher than the fence to his side , he knocked this together himself,and from our side it looks an eyesore , where do I stand legally or don't I. Thanks.

[Zacs-Master]

Just because you paid for it doesn't mean it's yours. You'll have to consult your deeds / land registry to be sure.

[bhg481]

I disagree ZM. If you erected it on your side of the boundary it's yours. He can't hang anything on it without your permission, even on his side.

[Zacs-Master]

You're assuming it's on their side of the boundary there bhg. But a good point for the OP to consider.

[geoff1057]

Sorry didn't say that the fence is directly down the middle.

[woofgang]

I don’t think where the boundary is matters here. The Op wanted to erect a fence...the neighbour was okay with it provided he (neighbour) didn’t have to pay towards it....so all other sthings being equal, it belongs to the payer....what worries me is that the OP has allowed the neighbour to paint the fence and hang things off it...therefore the neighbour may have assumed permission to put up the trellis....Honestly, you need to go talk to the neighbour...fences are a minefield.

[ladyalex]

I think that a lot depends on which side the posts are.
If they are on your side you own the fence, if they're on his, he does.

Is there any kind of mediation ssrcie in your area? Sounds as though you could do with a third party to help sort this out.

[ladyalex]

mediation service was what I meant to type

[Zacs-Master]

Woof, that's just not true I'm afraid. Your deeds indicate whose boundary a particular junction with neighbouring property is on. It is entirely possible that Geoff has paid for a new neighbours fence.

[ummmm]

So if Geoff erected the fence one inch into his garden the fence belongs to him solely?

[RATTER15]

Ladyalex, most fences sit between the posts not either side. I dont think that post being on one side or the other means anything when it comes to ownership, it depends more on which side of the boundary the fence is erected or what the deeds say in relation to ownership.

[Zacs-Master]

I would refer your question to a man in a curly wig ummmm :-)

[bhg481]

If I erect a fence on MY side of the boundary it doesn't matter which side the fence posts are the fence is MINE. It is common practice to erect a fence with the posts on the owner,s side and the fence on the neighbour's side but you are quite at liberty to put the "pretty" side of the fence on your side - you then lose the land the thickness of the posts to the neighbour.

[ummmm]

Luckily we have brick walls and both sides are responsible.

[tamborine]

Your fence, chainsaw offending attachments. If neighbor complains suggest he etects his own fence for attachments.

[Postdog]

Legally, there doesn't have to be a fence. The fact that there is and you paid for it makes it your property and in law you have the right to dictate what can and can't be done to it. I know this the hard way, in that I once tied a tree to a neighbours fence in order to straighten it. Neighbour didn't like that, we had a row, next thing I know I was paid a visit by the police and given a caution. I asked for three other fences to be taken into consideration.

Seriously, apart from the recycled Ronnie Barker joke, that's what happened. You'll have to decide whether falling out is worth it. Just think though, if it wasn't actually attached, he could still erect a trellis next to it and it might be more of an eyesore you can do nothing about.

[Zacs-Master]

Geoff, not sure how you know it's exactly in the middle but some useful info here:
https://www.gov.uk/your-property-boundaries

[woofgang]

boundaries are not fences
scroll down and read, very useful
http://www.boundary-problems.co.uk/boundary-problems/fences.html

[Zacs-Master]

And here:
http://blog.landregistry.gov.uk/drawing-line-stand-boundaries/

[Zacs-Master]

Correct woof, they are 'boundary features'.

[woofgang]

and, as my link says, you can end up owning a fence that is on your neighbour”s land