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Old 10th July 2019, 10:15   #1
CCFMJL
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Default Bit of a problem with a fence and neighbours

My mother is in a mid terraced and paid to get a 4ft fence up at the back garden. She is now getting half of it out and extending to 6ft to keep her young dog out the neighbours gardens each side.

None of the neighbours chipped in for it my mother paid 1000 to get it, there is a post that was to come out but the one of the neighbours has a plant around on his side and said to leave the post, I said it was to come out but it's ended up they are putting a new 6ft one beside it.

Surely he (neighbour) has no say in this or has he?
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Old 10th July 2019, 11:21   #2
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If it's on his land or his boundary, then yes, he does have a say in it. Always best to discuss boundary maintenance (i.e. fences) with your neighbours and arrive at a compromise on costs etc... . However I can't see a neighbour agreeing to pay a share to increase a height of an existing perfectly good boundary fence if it's only to keep someone else's dog in their own garden - that's up to the dog owner alone, surely?
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Old 10th July 2019, 12:27   #3
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Be careful, don't go off at a tangent - there are several potential pitfalls where boundaries are concerned.

Land Registry documents will show which boundaries are the responsibility of which occupant but that is not the end of it. 'Responsibility' does not confer ownership, you cannot 'own' a boundary, but merely the responsibility for the maintenance of the boundary and the compliance with building control regs. ie: height and type.

Apart from the considerable expense of a legal wrangle if it goes that far, the detrimental effect on neighbourly relations is much longer lasting and difficult to overcome.

These things can escalate, I speak from experience with a particularly adamant neighbour who refused to accept Local Authority judgements.

Sometimes, in the face of a refusal to adopt a conciliatory approach, a 1 foot trellis on the top of a fence can achieve the same, and more pleasingly decorative, effect!
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Old 10th July 2019, 12:44   #4
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Quote:
Originally Posted by Avulon View Post
If it's on his land or his boundary, then yes, he does have a say in it. Always best to discuss boundary maintenance (i.e. fences) with your neighbours and arrive at a compromise on costs etc... . However I can't see a neighbour agreeing to pay a share to increase a height of an existing perfectly good boundary fence if it's only to keep someone else's dog in their own garden - that's up to the dog owner alone, surely?
No she doesn't expect them to "chip in" for the part higher bit, it's the fact that old 4ft bit was getting taken away and new higher 6ft one put in.

It's one of the posts that was dividing their gardens, they have a plant growing against it and he said to the fence guys to leave it, he should have came to her. She is well angry about it.

She's angry that none of them offered to pay for the first one and doesn't see how they think they have the right to say what part of the fence or posts get taken away.
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Old 10th July 2019, 12:56   #5
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Old 10th July 2019, 15:44   #6
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Quote:
Originally Posted by CCFMJL View Post
No she doesn't expect them to "chip in" for the part higher bit, it's the fact that old 4ft bit was getting taken away and new higher 6ft one put in.



It's one of the posts that was dividing their gardens, they have a plant growing against it and he said to the fence guys to leave it, he should have came to her. She is well angry about it.



She's angry that none of them offered to pay for the first one and doesn't see how they think they have the right to say what part of the fence or posts get taken away.
Could the original post remain and a new post bolted to it, to extend the height, as by the sounds of it, the posts are on the neighbours side, so they will be the one having to look at it .

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Old 10th July 2019, 16:43   #7
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Quote:
Originally Posted by CCFMJL View Post
No she doesn't expect them to "chip in" for the part higher bit, it's the fact that old 4ft bit was getting taken away and new higher 6ft one put in.

It's one of the posts that was dividing their gardens, they have a plant growing against it and he said to the fence guys to leave it, he should have came to her. She is well angry about it.

She's angry that none of them offered to pay for the first one and doesn't see how they think they have the right to say what part of the fence or posts get taken away.
With Neighbour disputes over boundaries there are rarely winners - both sides invariably “lose”

If the neighbour had grown a plant on a post on the boundary then I’m sorry but I think he does have the right to ask for that post to stay put. The only caveat to that would be if the post was well inside “your” border - i.e. on your land and the plant just grew up the post as plants do not recognise demarcation lines.

Even then all you can do is to cut back to the boundary and place what you have cut off over onto your neighbours land. Because he owns the plant material even if it has been growing on your side of the boundary.

And I believe this could be the crunch point here. If your fence guys had destroyed a plant growing “legally” on his side of the border up a fence post that forms a border then I believe that not only would common sense suggest that talking to the neighbour before hand is sensible but I believe that if it came to a formal dispute then any independent third party judging what has gone on would come to the same conclusion.

Best to have a chat and smooth ruffled feathers!
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Old 10th July 2019, 16:43   #8
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Quote:
Originally Posted by CCFMJL View Post
My mother is in a mid terraced and paid to get a 4ft fence up at the back garden. She is now getting half of it out and extending to 6ft to keep her young dog out the neighbours gardens each side.

None of the neighbours chipped in for it my mother paid 1000 to get it, there is a post that was to come out but the one of the neighbours has a plant around on his side and said to leave the post, I said it was to come out but it's ended up they are putting a new 6ft one beside it.

Surely he (neighbour) has no say in this or has he?
perhaps you are right if it is her post then she should have the final say but
to keep things amicable, you don't want your mum to live in a war zone it may be better to find a compromise.
Some people alas don't want a compromise, they want it all their own way, as do my neighbours

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Old 10th July 2019, 18:29   #9
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Its a lot easier to find out about neighbours having a dispute. My advice just leave it, is it really worth it?
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Old 10th July 2019, 18:45   #10
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I thought your boundary is left hand side down and right hand across.
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