Can developer use my fence as boundary?

[Bunnyman]

as the question said, we have a developer building 5 houses very close to us, the main bungalow is 12ft from our lounge window but hey ho we lost that one... We have a 6 ft fence between us an the new build ( it was an orchard before) . The builder says he is using our fence as the garden fence for the bungalow and doesn't need permission is that right!

 

[freddiemercurystwin]

Why would he build a fence if there's already one there? Or do you expect him to build another fence next to yours for some odd reason?

 

[Bunnyman]

Well seeing as I'm responsible for it I think there is every reason.. On top of that I have applied for planning to replace it for an 8ft fence to regain our privacy and been refused as it will shut light out of new bungalow kitchen? Very weird they can build so close to our main living room? And no I'm not a nimby, the original developer was building 3 houses backing on to us ,,, normal estate living gardens back to back no problem.. Now new developer has turned it sideways to get 5 on the same plit

 

[freddiemercurystwin]

Of course you're responsible for it, it's yours, just don't see why you think the ddeveloper (or the new owners) should pay for its upkeep. After all you've fought to stop him getting PP. Maybe if you removed your fence he'd have to build one on his side of the boundary, the new owners ultimately responsible for it. But then you can't touch it.

 

[oldbutnotdead]

Unlucky- but yes the developer can use the existing fence as a divide between your property and the new builds.
But make it very clear in writing with photographs etc. to the developer that the property boundary line is on the far side of the fence rather than up the middle of it (you'll need a solicitor to cross the I's and dot the T's), that the fence is your property and is on your property and the developer and future occupants of the houses have no right and no permission to attach anything to the fence, to grow anything up the fence or to lean anything on the fence. Any decoration of or repairs to the fence by the developer and future occupants may only be undertaken with your explicit permission in advance and to your specifications at a time and date to suit yourself. The developer and future occupants must also permit you (or future occupants of your house) reasonable access to the far side of the fence to undertake any repairs, maintenance, replacement or redecoration that you deem necessary.
This is your right- it is your fence.
If you want to paint the far side of the thing sky blue pink then crack on- it is YOUR FENCE and no-one else's. You might get into bother if you wrote 'xxx are a bunch of land grabbing cowboys' in 2' capitals but then again you might not. Possibly a massive Confederate flag for the new neighbours to look at?

 

[JohnD]

And whose land will he stand on while painting the far side?

 

[Nakajo]

@JohnD In England and Wales, you're allowed to trespass upon your neighbour's land for maintenance - but not in Scotland.

 

[^woody^]

The developer is not using the fence as a boundary.

The fence is just there. It's not being used.

A boundary [line] is a concept. It's not a physical object.

 

[^woody^]

@JohnD In England and Wales, you're allowed to trespass upon your neighbour's land for maintenance - but not in Scotland.

No. No-one is allowed on another's land without consent. If you are referring to the ATNLA, then there is a specific context to the rights granted in that Act, and it does not grant access willy-nilly.

 

[Nige F]

A boundary [line] is a concept. It's not a physical object.

god is a concept by which we measure our pain - John Lennon.

 

[sweet]

If ones fence is old and falling apart the developer for ease and no agro normally just puts a new fence up next to yours to make the the builds garden look tidy. Leave it a month and take yours down and you now look on a nice tidy fence surrounding your garden...