Fencing Query

Howdy folks, couldnt really see where else to add this and its realllly bugging me. :D

Moved into a new build property 10 months ago and seemed like nice people all around. However, things changed when a new fence arrived between us and next door. The odd ones next door then decided never to speak again. Oh well, no issue - plenty other neighbours.

Fast forward to tonight and I was just about to start adding some slats to my side to double slat the rather ugly fence thats there and one of them comes running out to say - dont do that. Now the only excuse she could muster was that the fence would fall down if any weight was added to my side due to the way it was built. (bonkers I know -the posts are 2.4m 100x100 fence posts concreted in and sitting only 1.9m above ground - so a good half metre down).

Well anyway, I noted to her that as she had removed the jointly owned small fence between us without my consent, and added this monstrosity of a thing between us directly on the same line as the old one I never wanted removed, that she shouldnt really be dictating how I should 'decorate' my side of this thing.

Now I understand that technically she owns this one and I shouldnt be adding things to it, however surely there must be some precedent about what I can do due to the fact that she removed an existing barrier I couldve done what I wanted with .... and replaced it with one that she is refusing to allow any additions to.

My thoughts are

- ask for the original fence to be put back in exactly as it was. Which would coincidentally mean she has to get hers taken down and moved a good six inches into her garden.

- alternatively - build my own fence on the posts which are now there.

- Lastly - I could do this with any of the above too for added effect - build a complete new fence and use my full 2 metre allowance of fence height in Scotland to make their fence look silly. In addition I would expect that I could remove any concrete that they have ended up having within my garden as well due to those big fence poste they put in. Im guessing this wouldnt make their fence very secure.

Hmmmmmm, anyways - whats the opinions kind folks ? Any other options?

thanks in advance.

 

If the fence is there's you shouldn't be attaching anything to it, there also in there right to remove it,

You will have to build a new one if you want your own, in general the right hand side belongs to you but check the deeds to make sure.

 

Thanks guys.

Ok, the fence that originally was there, was to the right of the property from the front. It was directly on the boundary line between the two properties. I suppose it comes down to who owned the original fence and whether she had the right to remove it without permsission.

If it was right on the boundary - how do we figure that out?

If the posts are even slightly onto my property, does that change matters (I know at least a few of them are at least an couple of inches further onto my side as the original holes are still there)

If its wholly on her side of the boundary line - then clearly im outta luck and brand new 2m fence it is

PS - I would add I wasnt planning to change the height in any way etc - only to double slat the thing following the same height all the way

 

If its her fence I would forget about it, your creating yourself a problem that you have no legal right on, she can take it down and leave no fence there if she so wished, its hers to do as she pleases,

As mentioned if you don't like her fence build your own making sure no damage happens to hers while doing so.

 

I know ultimately that's what's gonna happen. Doesn't stop me being as awkward as possible to her, just because she's being exactly that to me.

It's not a big deal to build a new fence, just a pain in the you know what's. Funny thing is, I actually offered to pay for half the fence if she was replacing it, and even agreed with her man that I'd be double slatting whatever went there. Now the monstrosity appeared and she refused to discuss any kind of way to move forward.

It'll be interesting to see if there is a specific boundary line and whether she stayed within her side. I think my point not quite picked up correctly earlier was that the existing fence was there on the boundary and effectively this could be considered as jointly owned by both of us. She removed it without consulting and built something which is totally different in its exact location. To top it off she's being a silly something and being very awkward.

It just makes a mockery of the poor guys on the other sides of my place. For instance, I removed all the slats from the fence to the rear, after speaking with those neighbours and agreeing I'd renail the slats i removed from my side and new rails onto their sides for free just so I could have a fence that matched all the way around and was double slatted for privacy. The two guys to the rear were delighted, saving them few hundrer bucks minimum each.

 

Sorry but your the one being awkward as far as I can see, the women is just doing as she pleases with her own property and you don't like it

 

I agree with Martin, I think this is just a petty dispute.
Why don't you just put some netting up and grow Sweet Peas ? You could then offer her some next year and perhaps calm the situation down a bit.

 

I know, I know. It is a petty dispute. Just one that annoyed me after trying hard with them to begin with. Even went as far as speaking with the fencer when he was there to try and split the bill ....he said she had refused.

Suppose I'm just used to nice neighbours who work with you. If the situation was reversed....I'd be out helping them fit the slats. It's a new experience to have awkward neighbours.

To be honest, I already knew the answers but it's good to have a little vent of frustration The best bit as well is now I can build the new fence to fit how my garden is. We split the level in ours but were gonna just leave the fence height the same, now I can match the fence to the same height of the split levels all the way.

As far as sweet peas go.....it's a dead zone next door. There's some grass and a few conifers, along with some ornamental trees in a few pots. Aside from that.... Nothing. Its low maintenance I suppose I and fair enough if that's your thing. Exactly the opposite for me. That's the part of mine I can't wait to get into. Planting all the nice things that will flower next year.

 

It's not so much the additional 'weight' that could cause a problem, but the increase in wind resistance by changing a 'hit and miss' slatted fence to a solid one, but that's not knowing what was there previously.

If that bit about ownership of the original fence is correct, I'll be careful about what I say your neighbours have done, but that's very naughty.

As for 'decoration' literally, unless ownership/etc. is clearly established there's the potential for conflict when the 'owners/non-owners?' of one side of the fence decide to paint it with bright blue 'Garden Shades' paint, which will drip/run through the other side, ruining their neighbour's discreet fence treatment.

Then there's issues such as neighbours deciding to grow climbing ivy up fencing they consider doesn't provide them with sufficient privacy, and when the ivy then starts damaging the fencing, and then the 'owner' of the fence wants to remove and treat their panels/or even replace their fencing, but their neighbour informs them that they can't do that as it will damage their ivy!

 

Yes I know it's such a small simple thing, just frustrating, that's all. End of the day, I can build mines how I like now instead of trying to be reasonable and following the line they put.

The builders only input was that the fence belonged to both homes. In addition, a lengthy read of the deeds/conditions shows that there's nothing to stop me following local planning guidelines. It does however state in there that we aren't allowed to remove the fences put up by the builders and if we do, then it has to be the same style and pattern as the original and were both repsonsible for the upkeep of it.

The fence that has been put up was close boarded and I wanted to make my side slatted. 1800/100/20mm with a 20mm gap. Any issues they have with it catching the wind....is their own doing.

The