Is it my fence?

[Landycat]

Hi folks,I hope you can help me with this one,because I have a feeling that sometime soon the Housing Association which owns the house next door is planning to rip out the fence between our houses and replace it with something else.

In my deeds it states:
"The purchaser covenants with the Council for the benefit of the estate and each part of the estate
(vi)to be responsible for the maintenance repair and renewal of the existing boundaries having either walls (retaining or otherwise) marked on the plan with an inward "T" to the satisfaction of the Council."

I checked the plan and there is an inward "T" on every boundary,front back and sides etc.

On one side of my back garden is a rickety old fence made from what appears to be wood salvaged from old pallets with chicken wire nailed to it.
The houses on either side of mine are owned by a non profit making Housing Association,having been transferred to them by the Borough Council.

I would like to know whether I actually own the rickety pallet fence,or whether I am just meant to maintain it - and whether the neighbour or Housing Association have any right to remove or replace or tamper with this fence without first seeking my permission?

I'd be most grateful for any advice.

 

[freddiemercurystwin]

I understand that to mean you own it and are solely responsible for it.

 

[Landycat]

I understand that to mean you own it and are solely responsible for it.

OK,thanks.

My thinking is that if the Housing Association wish to replace the fence that,I should politely tell them not to touch it,but to build their new fence alongside it on their own property.

Then I guess I could remove the old fence and not be responsible for maintaining theirs.

 

[merlin50]

Encroachment is what you are looking for.

 

[RedHerring2]

It sounds like you are hoping to gain a few inches of ground.
You might be dissappointed if the Association insist that you maintain the existing fence to a serviceable condition.

 

[Alarm]

Does sound like either an attempt to gain ground or get a free fence.

 

[Landycat]

It sounds like you are hoping to gain a few inches of ground.
You might be dissappointed if the Association insist that you maintain the existing fence to a serviceable condition.

The fence was erected by the previous tenant over 30 years ago,but is still standing and still serviceable (just) and on my side is a neatly clipped conifer hedge of about 80 feet in length and 8 feet tall.

What I don't want is to have a gang of unruly contractors ripping into my hedge and digging huge postholes through the roots.

I'm not really interested in encroachment (gaining a 3 inch strip of their garden),I just want to keep any disruption to my hedge to a minimum.
And I guess that if I own the fence,then I already own the land it sits on anyway.

I'm not looking for a free fence either,that's just what the new tenant wants,but I'd be happier if they built their fence on their land.

If they tell me what they wish to do I'd agree to anything reasonable,but I'm expecting to be woken to the sound of their contractors chainsaws ripping through my hedge.

 

[merlin50]

have you tried talking to them

 

[LooPrEvil]

have you tried talking to them

I totaly agree, the obvious, are often the best solutions!!

 

[Alarm]

What I don't want is to have a gang of unruly contractors ripping into my hedge and digging huge postholes through the roots.

I thought they were work teams these days.
Unruly? What do you know about them?

If your trees roots are on their land its tough if they dig them up isn't it. After all they are undermining the fence, probably why it needs replacing really.
Going to pay a share are we?

PS dependent on the fence a hole may not need to be dug. Have a Google and see alternative methods.

Oh and if the sodding conifers are over the fence they are entitled to chainsaw them back to the fence vertical level.
You blocking all their sunlight out too are you?

And stop assuming.

 

[roberta1000]

And if it's an 8' conifer hedge there's chance that the new tenant might lobby for it to be cut back to 2m so getting off on the right foot might be a good plan.

 

[Landycat]

have you tried talking to them

I'll give it a go and see if I can find out what they're planning to do.