Boundary Fence - Change of Ownership ?????

[Mutley56]

Hi all,

My neighbour's fence is mainly 3 ft high along its entire length. It's old and not in great condition and is on the boundary line.

My children are growing up now and I want more privacy for my family in the garden. I have discussed replacing the existing fence with my neighbour, who is approachable but strong willed, and they would like to keep the fencing as they like to look across the gardens of the nearby houses and were not planning on spending money to replace the fencing at any time soon.

I have suggested that I pay for replacing the fencing and I have received verbal agreement to do so with 5ft panels topped off with 1ft trellis as a bit of a compromise to stop the neighbour feeling boxed in. In my opinion. The gardens are big enough NOT for 5ft panels to make anyone feel boxed in.

Anyway my questions about this project are:

(1) Am I right to assume that the fence will legally belong to me?
(2) I will be responsible for maintenance and repairs?
(3) I can have the have the fencing erected so that the better looking side faces into my garden, as currently I have the uglier side facing me.
(4) Any other points to bear in mind?


Thank you for taking the time to read and reply.

Mutley56

 

[big-all]

install it 1 inch onto your land backing onto and leaving the fence already there
then the fence remains there's and you are not responsible as you haven't touched the fence or assumed ownership
you must however check for a deed of covenant in your deeds to check the 2m/6ft 6 inch normal restriction isnt limited to a lower height
my deeds state 4 ft barrier you cannot pass through [minimum]

 

[Stivino]

I was always led to believe that if you build a boundary fence, it's good etiquette to put the nice side facing your neighbour.
I Googled garden fence dispute (even though it's not really a dispute) and got the following.
http://tinyurl.com/3lc8unc

 

[merlin50]

if the deeds say its his fence then its his fence whoever pays fore it. if you put a fence next to his and he takes his down you will have just given him a new fence and a bit of extra land

 

[Mutley56]

Many thanks for your replies. I've got a couple of things to think through now.

Cheers.

Mutley56

 

[LooPrEvil]

What do you want in terms of ownership? If the current deeds state both parties are responsible for maintaining the fence, then that is how it will be. However, there is nothing to stop you from amending the deeds in writing, something both parties would have to sign up to, and amend both sets of deeds, thereby potentially giving you total ownership and responsibility.

Down side though is this would incur legal fees, and you would be responsible if your neighbour damaged the fence (but hopefully in that case they would offer to replace the damaged panel).

 

[JimLoskot]

Always try your hardest to maintain a good relationship with your neigbour even if they aren't bothered.
If you do make any agreements make sure you get it written down and get them to sign it. Have had a similar problem in the past, making verbal agreements and then the other party change their mind and then say they made no such agreement.

 

[Mutley56]

Thanks for the extra replies. I will look for any copy of the deeds I received when I purchased my property.

Sheers.

Mutley56

 

[LooPrEvil]

Thanks for the extra replies. I will look for any copy of the deeds I received when I purchased my property.

Sheers.

Mutley56

Mutley, if you still have a mortgage, then the mortgage company will retain the deeds until you have paid the mortgae off. Unfortunately they will probably charge you for getting a copy of the relevant section. They never miss the opportunity to charge extra fees