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Fence

T

the caretaker

pfm Member
Hi, my neighbour is being irritating re wheelie bins - I live in a semi and I have a divider path between both houses with a earth strip in middle of path where original low on mesh fence was - the earth strip is on the same line as my neighbours fence ( they have responsibility for this side ) what I want to do is put a fence up where the original one was...can I do this?
 
the caretaker said:
Hi, my neighbour is being irritating re wheelie bins - I live in a semi and I have a divider path between both houses with a earth strip in middle of path where original low on mesh fence was - the earth strip is on the same line as my neighbours fence ( they have responsibility for this side ) what I want to do is put a fence up where the original one was...can I do this?
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Depends where your boundary is and any previous shared use or common access provisions
 
Don’t see why you can’t take it upon yourself to replace a fence. If it’s the neighbour’s responsibility, that means they are responsible for the costs of maintaining it, but that doesn’t prevent you taking it upon yourself if they are unwilling or unable, AFAIK. We’re currently doing just that with a back fence, because our neighbour doesn’t bother with his garden and can’t afford to replace it anyway. We want it sorted, so we’re getting it done at our expense.
 
Don't guess. Look at Land Registry documents for boundaries and any relevant covenants.

Front garden is max 1m high I believe.

If this is likely to be in any way confrontational, then I would suggest asking your local authority for advice.
 
the caretaker said:
Hi, my neighbour is being irritating re wheelie bins - I live in a semi and I have a divider path between both houses with a earth strip in middle of path where original low on mesh fence was - the earth strip is on the same line as my neighbours fence ( they have responsibility for this side ) what I want to do is put a fence up where the original one was...can I do this?
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It depends. Does your neighbour have any rights of access or to pass over the parts of your property that form the "driveway" between your properties. In other words is the drive defined as "shared" in any of the paperwork of either property? If yes, then you can't put a fence up or at least you have to have some way for them to be able to go through it, as they have the right to use "your side" of the drive.

If there is nothing in the paperwork of either property giving rights of use to the entire "drive" and there is a clear line indicated down the middle of the drive shown in the plans*, then yes you can put a fence up. As long as the fence is erected within the boundary limit of your property.

They have little grounds for complaint IMO as there was a fence up previously.

*Even if there is no line the presumption will be that the border will be aligned with some other markers (such as the garden fence) to indicate where the property boundaries are.
 
simon g said:
Don't guess. Look at Land Registry documents for boundaries and any relevant covenants.

Front garden is max 1m high I believe.

If this is likely to be in any way confrontational, then I would suggest asking your local authority for advice.
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The 1m limit appears to be for fences adjacent to a highway or path alongside a highway. Not sure that a drive classifies as such, but just for the sake of neighbourly good relations I'd keep it low. We have a low steel thing (overgrown with vine) about 18" high between mine and my neighbours side pathways. You can step over it, but it acts as a demarcation.
 
You cannot, without the neighbour's permission, replace what was there, but you can erect a fence wholly on your side of the dividing line, which mostly means that the posts must be in your garden, and unless you want to lose the narrow strip of land between posts, the actual fence must be on the neighbour's side of the posts, still your side of the boundary.

As there was a fence there originally, it would seem extremely unlikely that the neighbour has any rights of access over your side.

Speaking from long, long experience, only relatively modern properties routinely have deeds of any use whatsoever in determining ownership/responsibility for boundaries. I currently live on a small "cul-de-sac" (aka dirt track), of 6 houses, and so far as I can find, no boundaries are allocated to anyone. Most recent build - mid 60's or so.

An awful lot of older houses - first half of the last century, and a bit later probably, were originally provided with concrete posts ON/straddling the boundary, often with three strands of wire strung between them, which does nothing for determining who is responsible for what.
 
gez said:
It depends. Does your neighbour have any rights of access or to pass over the parts of your property that form the "driveway" between your properties. In other words is the drive defined as "shared" in any of the paperwork of either property? If yes, then you can't put a fence up or at least you have to have some way for them to be able to go through it, as they have the right to use "your side" of the drive.

If there is nothing in the paperwork of either property giving rights of use to the entire "drive" and there is a clear line indicated down the middle of the drive shown in the plans*, then yes you can put a fence up. As long as the fence is erected within the boundary limit of your property.

They have little grounds for complaint IMO as there was a fence up previously.

*Even if there is no line the presumption will be that the border will be aligned with some other markers (such as the garden fence) to indicate where the property boundaries are.
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No rights of access whatsoever... however he regularly comes onto our side so he can move his wheelie bins around! And just a few weeks ago we inadvertently brought his green bin onto our front garden ( we don't keep bins by side of house ) anyway we started filling it before I realised it was our neighbours ( you would think you would just leave it till next bin collection and then make sure you get your own bin? ) but our neighbour came into our garden and took their bin back and changed the contents over! And gave our bin back!! What a way to behave? But it gets better...my daughter came to stay and she a big dog which likes running about in our big garden and barking! Next morning we found chicken wings in our back patio? Big choke hazard for a dog I think? So we are getting cameras installed ASAP
 
Neighbour notices they have the wrong bin. Switches bins and contents to rectify the situation. Can’t see a problem there. It’s probably what I’d do in the circumstances.

The chicken wings however. That’s borderline unforgivable. I’d be confronting them over that.
 
Sue Pertwee-Tyr said:
Neighbour notices they have the wrong bin. Switches bins and contents to rectify the situation. Can’t see a problem there. It’s probably what I’d do in the circumstances.

The chicken wings however. That’s borderline unforgivable. I’d be confronting them over that.
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No confrontation - CCTV should stop this from happening again.. to day was first bit of dry weather for grass cutting so I went up to our mini meadow at top of garden to mow grass left it longish as it's the first cut..anyway my neighbour at top of garden ( different neighbour) their fence at the back of their garden borders top of my garden, and at some point they gave come onto our garden and placed a piece of timber at an angle ( screwed into their post on our side ) to prop up their winky fence panel? To quote Mr Meldrew " unbelievable" lol
 
Sue Pertwee-Tyr said:
Neighbour notices they have the wrong bin. Switches bins and contents to rectify the situation. Can’t see a problem there. It’s probably what I’d do in the circumstances.

The chicken wings however. That’s borderline unforgivable. I’d be confronting them over that.
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Yes, that's right out of order. In point of fact the advice on chicken bones is out of date, in the days of 80 or 100 days to kill bones were properly calcified and a choke hazard. These days the average supermarket chicken is 35-40 days old (yes, you read that right, 5 or 6 weeks) so the bones are not yet calcified and are still soft. This is a recent development in the industry, it is actually approaching a limit because they (some varieties, say Ross 038 iirc) are now growing so fast that their bones won't support their weight beyond about 50 days.
 
The whole chicken bone/dog spiel, is, I very, very strongly suspect, total blox.

What wolf or fox bothers? How many bones can you find in fox turds from all many of small mammals and birds?

The whole thing makes nil sense.

However, in this case..........................................
 
Kinda related to boundaries, certainly to neighbours over stepping the mark...

My next door neighbour set wire snares in his garden, because he didn't like our cats in his garden. One of the snares caught one of our cats around the neck as our cat jumped over his fence, out of his garden in to his nextdoor neighbour's garden. The snare was just long enough to hang our cat by its neck, dangling over the fence. Next door but one's young kids found our dead cat, needless to say they were horrified and very upset.

We had had numerous run ins with our next door neighbour previously, but this was the final straw. Reported to him to the RSPCA, they prosecuted him. He had 20 ready made wire snares in his garage when the police searched his house. The idiot pleaded not guilty to the charge, but was found guilty. His wife, who was the complete opposite of him, divorced him. He sold his house and moved away.
 
chiily said:
Kinda related to boundaries, certainly to neighbours over stepping the mark...

My next door neighbour set wire snares in his garden, because he didn't like our cats in his garden. One of the snares caught one of our cats around the neck as our cat jumped over his fence, out of his garden in to his nextdoor neighbour's garden. The snare was just long enough to hang our cat by its neck, dangling over the fence. Next door but one's young kids found our dead cat, needless to say they were horrified and very upset.

We had had numerous run ins with our next door neighbour previously, but this was the final straw. Reported to him to the RSPCA, they prosecuted him. He had 20 ready made wire snares in his garage when the police searched his house. The idiot pleaded not guilty to the charge, but was found guilty. His wife, who was the complete opposite of him, divorced him. He sold his house and moved away.
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How Awful...
 
stevec67 said:
Yes, that's right out of order. In point of fact the advice on chicken bones is out of date, in the days of 80 or 100 days to kill bones were properly calcified and a choke hazard. These days the average supermarket chicken is 35-40 days old (yes, you read that right, 5 or 6 weeks) so the bones are not yet calcified and are still soft. This is a recent development in the industry, it is actually approaching a limit because they (some varieties, say Ross 038 iirc) are now growing so fast that their bones won't support their weight beyond about 50 days.
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Does this mean a chicken wing is less of a hazard to a dog? Because of various incursions into our garden I'm thinking of getting a dog..a doberman! We have a big garden and I do quite a lot of walking and cycling so the dog will get a lot of exercise..when my daughter was here it was quite nice having a dog around..
 
Vinny said:
The whole chicken bone/dog spiel, is, I very, very strongly suspect, total blox.

What wolf or fox bothers? How many bones can you find in fox turds from all many of small mammals and birds?

The whole thing makes nil sense.

However, in this case..........................................
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Couldn't care less about foxes they are a damn nuisance but I do care about my daughter's dog..
 
chiily said:
Kinda related to boundaries, certainly to neighbours over stepping the mark...

My next door neighbour set wire snares in his garden, because he didn't like our cats in his garden. One of the snares caught one of our cats around the neck as our cat jumped over his fence, out of his garden in to his nextdoor neighbour's garden. The snare was just long enough to hang our cat by its neck, dangling over the fence. Next door but one's young kids found our dead cat, needless to say they were horrified and very upset.

We had had numerous run ins with our next door neighbour previously, but this was the final straw. Reported to him to the RSPCA, they prosecuted him. He had 20 ready made wire snares in his garage when the police searched his house. The idiot pleaded not guilty to the charge, but was found guilty. His wife, who was the complete opposite of him, divorced him. He sold his house and moved away.
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Surely that's illegal?
 
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