Fencing

[midagetrolop]

My mum who is 95 has moved into a care home and I am selling her house. Her neighbour has said he is putting up a fence where the original fence is that my father put up some years ago. I have said I do not think that is right and he should put it on his side of the boundary. Because we will be selling the house I do not want to get into legal wrangles about the fence and so I have told him he should put it on his side of the boundary. I am right and can anyone advise- he will not discuss it say I am being ridiculous. Please help.

[murraymints]

I'd go with you.. nitpicking over boundaries with new buyers is a nightmare..best to stay safe

[bookbinder]

Arguing over a strip of land that may be only a few inches wide seems to be rather pointless. This is especially so, as you propose to sell the house. You could just walk away from your neighbour and this dispute, and leave it to the new owners to sort out.

[4candles]

Useful reference here:
http://www.boundary-problems.co.uk/boundary-problems/fences.html

[TonyV]

Not worth worrying about a few inches, plus you will need to disclose if you have had any disputes with neighbours during conveyancing which will just add time and money.

[midagetrolop]

We are not arguing over a strip of land we are arguing over the ownership of a fence.

[gingejbee]

I'm with your neighbour....ridiculous.

[TonyV]

Ok what do deeds show? Normally the right hand side when looking from back of property is your responsibility.

[andy-hughes]

Neighbourhood disputes so often escalate into wars of attrition - if you are not going to be living next door to this man, I would strenuously avoid getting into conflict with him, which, as advised, you would have to declare when selling the property.

You have asked the neighbour to put the fence on his side of the boundary, hopefully he will comply, if not, it is for the new owners to take up with him if they wish.

[woofgang]

if the neighbour wants to claim ownership of the fence then let him. I would LOVE to move into a house where I didn't own any of the fences.

[ladybirder]

4candles' link tells you everything you need to know. I have copied it for my own reference so thank you 4c for posting it.
Tonyv the righthand side thing isn't necessarily true as the above link states. I own all sides of my garden fence, unfortunately when I have to pay for repairs but good when I can have the last word;-)

[tamborine]

Photograph your fathers fence asis now & before neighbor damages it. this is now a dispute that could become a civil case, albeit difficult to sell properties with boundary disputes.

[hc4361]

It's not the case that most properties own the fence on the right side. Many fences are party fences - jointly owned by both sides.
Let him put the fence where he wants it and walk away unless the deeds specifically show that your mother's property owns and has full responsibility for the boundary partition.
Look at the official plan. The boundary will either have T markings or H markings. If you can see a capital T lying on it's side, the property with the top of the T on their land owns the boundary partition.
If it's a capital H so both properties have the T on their property it is a party fence.

The last thing anyone wants is two fences against each other - neither fence owner can properly maintain the blind side, rubbish and water can accumulate in the small gap and it provides good housing for small vermin.

[TonyV]

Wolfgang would like the same my neighbour constructed a gorgeous fence that will last a lifetime, talked fencer into doing end of our garden FOC with offcuts. Cups of tea work wonders lol

[midagetrolop]

It is not boundary dispute - if he uses the same posts that are there already he is gaining land from the new owners (whoever they maybe) of my mothers property - he wants the fence for privacy, but he's not been bothered for five years. I have told him to put it on his own land if that's what he wants. He will not discuss it I have tried but he won't.

[Canary42]

To turn it into a dispute will only be shooting yourself in the foot as it may deter potential buyers (disputes usually get exposed during conveyancing).

Just let it go.

[ethandron]

I can understand your mother’s neighbours wanting to put up a new fence ‘for privacy’ as they have no idea who their new neighbours will be once the house is sold.
Also, I’m not quite sure how he will be gaining land if he’s using the same fence posts?
I too would let it go and leave the neighbour to do what he wants, after all, you’re not going to be living there are you, so I don’t understand why you’re objecting so much.

[midagetrolop]

The fence posts are on my mums land.

[ethandron]

We had a similar situation when we were selling my parents house. The neighbours said they were going to replace the original four foot high fence panels with six foot ones, which they did. It wasn’t an issue for us at all, never crossed my mind, and still wouldn’t.

[Canary42]

What is your Mum's view ?

[bednobs]

"The fence posts are on my mums land."
so it IS a boundary dispute then?
If the fence has been there for years, just replacing the fence with a new one wont change the staus quo - both sides will be in exactly the same position they've always been in, except they'll both be looking at a nice new fence (not having to be paid for by you. I honestlycan't see what the problem is