Another fence problem!

I have, or did have, a wooden fence that seperated my private property from a couple of housing association bungalows. It runs about 35 metres up the garden, much of it is hidden by shrubs.
Although most of it was fine a single panel needed replacing. Children next door probably damaged it but nevermind, I wasn't too bothered.

Anyway recently I was working away in the garden and noticed a chap in my garden taking down the fence. He didn't knock to tell us he was doing this work and just took it on himself to invite himself in. When I asked him what he was doing he told me he was taking down the old fence and erecting a new one. Flippin' great I thought! Saves me the expense of a new one! I didn't even mind him tramping on my newly seeded lawn!

My garden slopes a fair bit and the problem started though when this guy started puting the new fence up. Now obviously if you're puting a fence up on sloping ground you set the fence posts vertical or near as possible, maybe using a spirited level if you're fussy. The fence panels then sit nice and horizontal and when it's finished it would look like fence is stepped.

Well, this chap tought he'd do it is own way and started to put the posts in at an angle? and the fence panels were about 12" lower at one end to the other. (hope you can imagine this!) It really was a cowboy job, so I politely pointed out how it should be done, but he wasn't having any of it, he was going to leave it as it was.

Now I thought to myself that no-one had told me that my fence was going to be replaced, nor did he ask before he came into the garden, niether did it seem to bother him he was trampling on a new lawn and ripping established Clematis off the old fence. He's now telling me he's leaving a bodge job!

Only after threatening to phone his employers did he eventually put it right. Now I know it may sound petty but if someone takes it on themselves to replace my fence I don't think I'm asking too much for it to be a decent job!

Now the question is, who owns the new fence now? Because I didn't ask for it to be replaced and as far as i'm concerned it's still mine. I'm not particularly bothered but it could become an issue if I ever sell.

Sorry for the long post!! :D

 

Hmmm. I'm not sure of the legal situation, Rob (maybe someone else is). I should have thought that you should have been consulted before any work commenced and that no one should have trampled over your land without first getting permission. Are the fence posts your side of the boundary? I was always taught that if the posts are on your side, the fence is your responsibility.

 

At one time, I believe it was considered there was a "right side" and "wrong side" of a fence panel which determined who owned the fence. I believe now, if a fence is errected on the boundary of two properties it becomes "communial."

 

Clare, definately my fence on my side. or maybe it their fence on my side now?
Yes I think it's standard practice, or good manners that if you put a fence up then the nieghbour gets the 'right side' DR. TBH my neighbours fence the other side has the wrong side facing my garden but i'm not losing any sleep over that..........you wont be able see it in 12 months! :-)

 

I did take advice on this many years ago and I was told you can put the panels in anyway round you like. I have the "good" side on all three sides of my garden as although my neighbours on either side went "halves" twenty and five years ago. I organised the supply and fitting of the first and installed the later myself. Our back fence I paid for and recently replaced two panels.

When replacing panels I think it best to agree to have the concrete posts drilled and wires stretched between eyes screwed into them and ensure any climbers are attached to the wires and not the fence. This will double the life of the panels as they won't be affected by continual dampness from stuff growing up them. The panels too are easy then to remove and replace as necessary.

 

Hi ClaraLou. I have had a fence erected recently and the joiner asked me where i wanted the post's. i had a wee think and said the outside of my garden as the panels will look better without the big posts showing on my side :gnthb:. at the end of the day my neighbours were
getting a free fence and were quite happy .as to responsibility, it will be me ,as knowing them it would need fall down before they noticed :( music .

 

:hehe: Yes, I have neighbours like that too.

 

My neighbour recently had some work done which included putting up some new fence panels. The guy made a right pigs ear of the job and they are already loose. I doubt they will last another twelve months.

My neighbour told me what he had planeed but did not even ask if the workman could use my drive to have materials delivered or mic concrete on my drive.

I was none to happy about having this muppet abusing my property in this way. When I spoke to him about it he just said "Well I can't put the stuff anywhere else as it will damage the garden", Meaning my neighbours garden. I do tend to lose my sense of humour when people abuse my "good nature"!!!

I asked him politely but firmly to move the sand, cement, breeze bloskc and panels from the drive. He ignored that request and carried on as before. When I came back a couple of hours later, the materials were still there and there was a coating of cement dust all over my Freelander and my daughters car.

I told the guy he had an hour to move the stuff and that I would be sending him a bill for valeting my cars. He just laughed and laughed........ until a few of my club brothers turned up!

We then loaded buckets of sand and tipped them into the cab of his truck. Followed by several split bags of cement. The posts, panels and breeze blocks were dumped in my neighbours garden. Two of us picked up the old concrete posts and lumps of rubble, left them in the truck cab as well.

My neighbour, who I have never liked was none too happy. I got paid for valeting the cars and the workman was very sheepish next time he saw me.

Common courtesy and respect for other peoples property cost NOTHING.

As I understand it, looking out from the back of your house, you are responsible for the fence/hedge on the left of your property. I think most of these issues are normally settled by polite discussion/negotiation with the neighbours. My neighbour on the other side, rents the house from the farmer. I get on very well with the farmer and his tenant. Anytime I want to do something I talk to them BEFORE I do any work and make damn sure I do not damage anything or leave a mess.

Check out with your local CAB or get one of those free interviews with a solicitor that specialises in property.

Chopper.

 

Hi Chopper, who exactly are the 'club brothers'? Have you got their business cards!? LOL
John

 

It states on the deeds of your property which boundaries are your responsibility I believe.

If someone takes it upon themselves to replace a fence that is not their responsibility and puts it directly on the boundary line its not theirs any more.

And no one has the right to remove the fencing on "your" boundary without first asking, as its your property.

Well that's how I've always thought it worked

 

Thanks for the advice all. Lol @ Chopper -)

 

Hi John

You have a PM.

Chopper

 

Chopper that was a GOOD one!!! Right on!!!:thumb:

 

I think I could have done with you, Chopper, when the landlord next door instructed a bunch of apes to put up a huge shed right on our boundary and then kit it out with partition walls and ensuite facilities so that he could rent it out as a des res for neanderthals. I think the 'club brothers' may have been rather more effective at sorting out the problem than the wet fish from the council ...