Boundry Question

[interele]

Some time ago I came home from work and my neighbour had replaced the fence at the bottom of the garden. I one respect it was good since the fence was falling to bits anyway but in another it was our fence. I never really gave it much thought but I was wondering were that leaves us both.

ta

Mal

[Buenchico]

Boundary fences usually belong to either one property or the other. Where there are fence posts to one side of the boards, rather than being in the centre, the convention is that a fences is erected with the owner having the posts on his/her side of it. (NB: That's only a convention. It's not a 'rule' or 'law' but it can help to work out who actually owns a fence).

If a fence falls into disrepair then (unless there's a covenant in force requiring the owner to maintain the fence), the owner is at liberty to
(a) leave it as it is ; or
(b) repair it ; or
(c) replace it ; or
(d) simply remove it altogether. (If the owner of the adjacent property thinks that there ought to be a fence along the boundary, he/she will then have to provide one at their own expense).

So, in order to answer your question, it's necessary to understand who actually owned the old fence. Assuming that it was your neighbour, he/she was entitled to do whatever they wanted with it. If the fence was yours, your neighbour should have either left you to deal with the problem of its repair or, at least, consulted you prior to taking action on his/her own.

[interele]

it was our fence - it was crappy but not falling down - interestingly one end of their new fence is in their land but the other end is on our boundary

[Buenchico]

If you're sure that it was your fence, then your neighbour is probably technically guilty of either theft or criminal damage (although I'm almost certain that Pc Plod would tell you that it's solely a civil matter).

Looking at the civil aspect of it though, you could theoretically send a written demand to your neighbour, requiring him to reinstate your old fence, and, if necessary, obtain a court order to force him to do so. However such an approach would seem 'over the top' to me.

So, with criminal legal action being extremely unlikely and civil legal action probably being disproportionate, you're just left with a 'quiet word in his/her' ear to point out that you owned the old fence and that it would have been deemed a courtesy if your neighbour had consulted you before replacing it with one of his/her own.

[johnk]

you've got a new fence for free, I'd be very happy with that!

[bhg481]

Alternatively, think yourself lucky that he's saved you the expense of repairing/replacing the fence which would have been necessary at some point in time. You've got a good neighbour; look after him.

[Hopkirk]

I would thank him

[david small]

Good fences makes good neighbours. We had some rat bags next door who not only moved the fence over onto our garden, but nailed it to my shed to boot. When they did a bunk, owing rent, they trashed the house deliberately. it cost the owner thousands to rectify. I didn’t get my pinched garden back either.

[dave50]

I don't see a problem, he has paid for your new fence, thank him.

[Peter Pedant]

Oh God you are joking !
neighbour has done your fence for you ! thank him

as for maintenance, it is a matter of agreement ( when you thank him) BUT or AND the agreement doesnt affect successive owners ( rule in Tulk v Moxhay 1844 ) [ you maintain doesnt mean successors maintain]

stop being a grumpy old doo-doo