Fence & Deck / Boundary?

[hy288]

Hi all,

Looking for some advice and clarity regarding a boundary and maintenance issue we’ve recently discovered.

We live in a new-build property and back onto a neighbouring development Our rear fence was installed as part of the original construction, and we’ve since had written confirmation that we own this fence line exclusively, including the posts. The good side of the fence faces into our garden, and the posts face outwards towards the rear neighbour — which is consistent across all the other properties on our side of the street.

Last week, while replacing a few rotted posts and damaged slats, our fencing contractor pointed out that our neighbour’s raised deck appears to have been built flush against our fence panels. The deck boards extend beyond the rear face of our posts and are pressed up against the fence panels. This hadn’t been visible until we started the repairs. You can also see the the deck boards box in our post.

We’ve attached two photos:
1) One showing the underside of the decking and how the structure relates to our post and fence
2) One showing visible staining on our fence panel where it appears to retain more moisture

A few things we’re trying to clarify:

Q1) Boundary Line
As we own both the fence and the posts, and while the good side of the fence face inward toward our property, is it fair to assume the rear face of our fence post marks the edge of our boundary? Would anything built beyond that (e.g. deck boards) likely sit on our land?

Q2) Decking Overhang
Neighbours deck boards passes beyond our fence post and touch the panels. Based on that, is it reasonable to suggest that this overhang encroaches slightly onto our side, and that they may need to trim the deck boards back — ideally to stop just short of the rear face of our post?

Q3) Access and Maintenance Obstruction
With the deck so close, we’re unable to carry out full maintenance — such as fitting new or sister posts, moving damaged ones, or inspecting the lower panel area. Would this be seen as a legitimate access/maintenance concern?

Q4) Potential Damage – Moisture/Ventilation
We’ve started noticing dark staining and discolouration where the deck runs tight against the fence. It worsens during prolonged rain. Never figured out why this was until recently. Could this be due to trapped moisture or lack of airflow caused by the deck being tight to the panels? Is this something others have experienced as a long-term risk (e.g. rot or fungal spread)?

The deck has likely been in place for a few years, but this only became apparent when we needed to carry out work. We’re trying to understand the position properly before raising anything — and would appreciate any guidance on boundary position, maintenance rights, or the risks of deck structures being built tight to fencing.

Thanks in advance!
HY

 

[avonmouth]

I would be careful about any disbutes as you might want to sell it one day and it could cause you problems.
They are probably wrong with what they've done but it's your call.

 

[hy288]

I would be careful about any disbutes as you might want to sell it one day and it could cause you problems.
They are probably wrong with what they've done but it's your call.

Are you able to give me some honest answers to each of those questions?
Just looking for a reasonable solution btw i.e. trim back the deck so it not touching and give a gap. At the same time sufficient clearance to allow us to maintain the fence posts along that stretch. Its not as if I'm changing the fence line or anything....just looking to maintain our existing fence.

 

[freddiemercurystwin]

Just build your new fences posts a few inches accross as necessary and move on with your life.

 

[accelerator]

I really wouldn't make a fuss about this to your neighbour, it's really not worth it. If anything, his decking is keeping your fence dryer, so it's probably rotting less.

If you ever need to maintain something, and your neighbour's decking is preventing it, just have a word with them and I'm sure they'll help you get it resolved.

Other than that, I'd just not worry about it. If you're worried your fence might rot, then just make sure any new boards are well treated or painted.

 

[mattylad]

Also when fitting new panels, ensure that they can be removed for maintenance from your side.
Remind them that they may not paint, stain or attach anything to your fence.

 

[Diver Fred]

Hi all,

Looking for some advice and clarity regarding a boundary and maintenance issue we’ve recently discovered.

We live in a new-build property and back onto a neighbouring development Our rear fence was installed as part of the original construction, and we’ve since had written confirmation that we own this fence line exclusively, including the posts. The good side of the fence faces into our garden, and the posts face outwards towards the rear neighbour — which is consistent across all the other properties on our side of the street.

Me thinks you have a bundle of issues which could be expensive.

The rear fence - you say installed as part of the original construction - do you mean the fence was erected when your property was built or the neighbours property to the rear of you.
Are your deeds clear on the ownership question? Who supplied the written confirmation?

A few things to consider :-
Convention is that the 'Good' side of a fence is away from the owners - so the neighbours to the rear of you (may) believe the Fence is under their ownership.
Do your deeds have an accurate detailed measurement plan appended measuring from house to boundary - without that you can have difficulty arguing your position.
Does your plans (site plan) have the 'T' marks defining the boundary responsibility; even that as the link indicates can be questionable regarding ownership and maintenance responsibilities.

Raising a dispute could linger for years and cause issues if or when you wish to sell. Land Registry plans are worthless for boundary ownership disputes.
In my 55 years of property ownership I've had boundary/fence problems 3 times; first time G/F and I lost out as I wasn't there to argue the position (their fence 'soldiers' on our side of the boudary and in our garden; 2nd time I/we made sure the builders erected their fence on their side of the boundary - it helped as my cousin lived next door and he was a solicitor with a share of the boundary; 3rd time the issue was resolved by the chairman of the parish council (a Chartered Surveyor) who came measured up to mutual acceptance and supplied detailed measurements and site plans to attache to the deeds.

Edit :- correct position of the bracketed word 'May'

 

[hy288]

Me thinks you have a bundle of issues which could be expensive.

The rear fence - you say installed as part of the original construction - do you mean the fence was erected when your property was built or the neighbours property to the rear of you.
Are your deeds clear on the ownership question? Who supplied the written confirmation?

A few things to consider :-
Convention is that the 'Good' side of a fence is away from the owners - so the neighbours to the rear of (may) you believe the Fence is under their ownership.
Do your deeds have an accurate detailed measurement plan appended measuring from house to boundary - without that you can have difficulty arguing your position.
Does your plans (site plan) have the 'T' marks defining the boundary responsibility; even that as the link indicates can be questionable regarding ownership and maintenance responsibilities.

Raising a dispute could linger for years and cause issues if or when you wish to sell. Land Registry plans are worthless for boundary ownership disputes.
In my 55 years of property ownership I've had boundary/fence problems 3 times; first time G/F and I lost out as I wasn't there to argue the position (their fence 'soldiers' on our side of the boudary and in our garden; 2nd time I/we made sure the builders erected their fence on their side of the boundary - it helped as my cousin lived next door and he was a solicitor with a share of the boundary; 3rd time the issue was resolved by the chairman of the parish council (a Chartered Surveyor) who came measured up to mutual acceptance and supplied detailed measurements and site plans to attache to the deeds.

I’m aware of this convention but understand this is not always the case.
I should add that our neighbours development was built way before ours. I can see that every other neighbour looks to have their own fence on that same line as you look down the rear garden.

Yeah fence was erected by the developer/builders when property was built.
So fence is good side toward us, post side to the neighbours.
The same fence line runs across several houses on the same street. So they all have the same setup as part of the development.
Our rear neighbours are part of a different developer. So very unlikely it would be their fence.
The title deeds do not show T fence markings. But we were told by the developer that it’s exclusively owned by us as they checked w their solicitors, so have this in writing.

 

[Diver Fred]

Is odd that their developer didn't fence the back of their property. Or did the developer of your property put a new fence up to 'improve' the looks of your property. As your neighbours property was built first, as you say by some time, it seems to me that they perceive the fence to be theirs. Were they in residence before you or are they a latter arrival?
I think you need to discuss the issue with them civilly to see what their point of view is.

 

[hy288]

Is odd that their developer didn't fence the back of their property. Or did the developer of your property put a new fence up to 'improve' the looks of your property. As your neighbours property was built first, as you say by some time, it seems to me that they perceive the fence to be theirs. Were they in residence before you or are they a latter arrival?
I think you need to discuss the issue with them civilly to see what their point of view is.

The estate is a new build with 2 main developers - 90/10 spilt roughly...
I believe they move in about 10 years before us. So our side would have been undeveloped.
Like you i would expect there to have been a fence from their developer, and perhaps there was....where over the years once our developer came in and started construction they eventually errected our wider developments fence line.

Its not unreasonable to think that the neighbour have either removed their fence during the years and just didnt replace it. As there is still a boundary fence i.e. our one.

A far as i can see all the houses on their street running down the same line, do appear to have their own separate fence backing up against our development fence line if that makes sense?

 

[Diver Fred]

>>Snip<<
Its not unreasonable to think that the neighbour have either removed their fence during the years and just didnt replace it. As there is still a boundary fence i.e. our one.

A far as i can see all the houses on their street running down the same line, do appear to have their own separate fence backing up against our development fence line if that makes sense?

That does seem to be likely; especially if their neighbours have a fence on their side. And I can see that by removing the original fence they have gained some ground but set up for a difficult discussion.
If their neighbours on their side of the boundary between you and them still have their original fence lines that was originally built to then you may, with their co-operation, be able to come to some agreement for access. I doubt if you will be able to do much better. If you can persuade them to cut away from your fencing you may have to agree with an upstanding attached to you fence post posts to stop stuff from falling down the gap.
I don't envy you.

 

[hy288]

That does seem to be likely; especially if their neighbours have a fence on their side. And I can see that by removing the original fence they have gained some ground but set up for a difficult discussion.
If their neighbours on their side of the boundary between you and them still have their original fence lines that was originally built to then you may, with their co-operation, be able to come to some agreement for access. I doubt if you will be able to do much better. If you can persuade them to cut away from your fencing you may have to agree with an upstanding attached to you fence post posts to stop stuff from falling down the gap.
I don't envy you.

Our rear fence line is typical straight from one end to the other. This spans across 3 neighbours, the end neighbours we don't have any issues with access as they each have their own separate fence that backs to ours. However, the middle neighbour is the one that doesn't have a fence and they've taken the approach of building their deck up against our fence panels passing the fence posts.
In addition they have attached a screen to the fence due to the raised deck, but we actually assumed it was all done against their own fence. There is more complexity as their screen is attached to a wider structure to help contain pets. Unfortunately as the owner of the fence and the requirement to maintain this, if we decide to take the panels down for post maintenance its going to have a direct impact upon them? This is unfortunately another issue as we'll need to ask them to self support this on their side.

The part i was unsure about is the overhanging deck that goes up to our fence. End of the day, i just want a sufficient gap so that we can properly maintain the fence along the existing fence line (not having to change the fence line in any manner). This would potentially mean not being restricted to add new posts (for reinforcement) along the existing stretch inline with our existing posts where the deck spans; the gap would also be sufficient to prevent the moisture issues giving also ventilation.

 

[Stivino]

Take it down and rebuild it in a manner that your neighbour can't use it.

 

[hy288]

Take it down and rebuild it in a manner that your neighbour can't use it.

I'm not sure what you really mean by that? and not sure that sounds practical etc.

 

[Old Salt]

Forget about it and move on. Regardless of any maintenance those fence posts wont last long and will eventually need replacing. Then is the time to have the discussion.