Party fence and chopped plant

Morning all,

Imagine if you can my back fence/s. The original party fence is 3 ft high (shared with 2 other houses alongside) and runs along another garden to the rear.The previous owners of my house wanted more privacy and security so erected a 6 ft high fence 10 ins in front of the original, reducing the garden by several ins, which isn't a problem. Between the original and new fences, my land, an ivy was planted to work up the new fence and grow round the trellis at the top. Whilst looking out of my window yesterday I saw that the ivy was looking a bit sorry for itself, initially thought it needed a good soaking but when I went round to have a look I was shocked to see that the plant had been cut and the main stem chopped down to 1 ft high. When I asked the guy at the back if he had seen anybody tampering with the plant he said he had and imagine my surprise when he told me it was my neighbour to the right who was responsible and did it because the stem was forcing the original fence panel out. Had I been asked if the plant could be cut right back I would have said O.K as it was only covering a bit of the trellis and other plants have matured giving extra cover. The fact that the neighbour cut the plant without consent has really annoyed me.

The guy who cut the plant has replaced his party panels recently with some rather pricey looking new ones thus setting a precedent for any other panels to be changed. Whilst speaking to the neighbour at the rear property he mentioned that the neighbour to the left had agreed to go 50/50 and change his panels and would I do the same with my 4. Bearing in mind that the price of the panels seems to have been set and I would not be able to see the new fence from my side and the original panels are still sound, can I say no?



Thanks for reading.

 

As Marley has said, I too would be livid if someone had completely decimated a plant of mine.

With regard to the boundary fences, I've no 'professional' knowledge but have a similar situation in that the previous owners of this house also erected a taller, more substantial fence than the original post and wire one presumably left by the builders. Since that time, those around us have also chosen to replace their fences but that is their choice and if they wish to come to some reciprocal agreement/arrangement with one another - fine, however, as ours is still sound and in good order and what's more, is within our boundary (by about 9") it will only get replaced when we deem it necessary.

If I were in your situation and others wanted to put up new fences they could, but I'd have no hesitation in refusing to have any part of it for several reasons:

1 My fence is sound, in good order and within my boundary and thus it is I who will decide when and if it needs replacing and, with what.
2 Since I would gain no benefit from what they propose I would see no need to contribute to new panels purely because mine 'weren't in keeping' with what others choose.
3 Should, at some future date, a dispute arise concerning these new panels, who is going to blame who for the lack of maintenance (or whatever the dispute may be about)? Something you wouldn't want to be involved in.

If your neighbours want to put up new panels, let them, provided they don't encroach onto your property: if they've chosen to do it individually or collectively that is their choice but each and every boundary fence will be owned by someone and the deeds to the property will confirm who owns which.

Unless you particularly want to change your fence panels, I'd just politely say there's nothing wrong with your fence and you're happy with it the way it is.

When all's said and done what you're actually being asked to do here, is to contribute to someone else's new fence, to which my answer would be 'no thank you'.

 

Is there someone that you could call to ask Pip, i know here in Ontario, there are certain by-laws pertaining to shared fences......and in some cases, you need "town permission" to do anything to a shared fence.

Good luck and keep us posted.

 

First thing that strikes me is I thought all fences had one owner, ie one property or the other is responsible for the fence.
I think its on the deeds to your house which boundries are your responsibilty.
But I'm probably wrong.

Anyway, putting a fence in front of an existing one is always a problem, because you end up with that small strip of land that you cant cultivate/ weed, but its not actually your neighbours land.

Tricky situation that really needs a bit of give and take, but I can understand how you feel Pip

 

Thanks to all for taking an interest

Indeed I am Shiney, my main issue isn't the fact that the neighbour at the back wants a new fence, it would be a 50/50 split, it is the way that the other neighbours have gone about deciding the panels. Surely somebody can't erect a fence at eg £45 a panel and expect you to follow suit because it will be in 'Keeping with the rest'. That would be an outlay of £90 for something that doesn't need doing and I won't benefit from. I might suggest a 70/30 split for the above reasons.

I like to keep my head down and get on with but just how many times can one do that before people start to see you as a soft touch. It is certainly not worth falling out over and I'm sure an agreement will be reached.

As regards the plant Woo, not much I can do about that. An explanation and even an apology wouldn't alter the fact that common courtesy was overlooked. 10 acres with an 8ft high walled garden with me in my little house in the middle, bliss :happydance:

 

I agree with this and if I was you I would be really nice about it and say that there is no way at the present time that you could afford new fence panels, so much else to pay for at the moment ........blah blah...!!:WINK1:

Val

 

A couple of points here.

1. If someone chopped one of my plants on my land without my permission, I'd be furious. Absolutely livid in fact. If it was encroaching on their land, then its a different story, then they're allowed to cut the bits that occupy their territory, BUT, then still have to speak to you because a lesser known fact about that piece of law is that while they're allowed to cut the bits that encroach on their land, they have to offer the cuttings back to you otherwise it is theft.

2. As for the neighbours deciding for you that you'll chip in with the cost, if you don't want to do it then just say no. Actually, there's an idea, my boundary fence on my land is in dire need of repair. I think I'll tell the highways agency that they must pay half for the fence that seperates my land from the road, and I'll tell the farmers next door either side that they have to chip in too. I'm sure they'll see that as fair enough.