General Disclaimer: The information given on this web site is of necessity of a very general nature and cannot be relied upon to meet your specific requirements. If the fence is within the boundary of what is marked as yours on the land registry, you can do what you like with it. We asked the neighbors to share the cost and they refused. If you have no invoice, then if you have two photographs in your family photo album that show the fence in the background, and if the photos reveal two physically different fences, then the fence must have been erected at some date between the dates on which the photographs were taken. If you want to read the case law go look for it! A conveyance deed or a transfer deed may include a covenant requiring the purchaser to fence the land and for him or his successors in title to forever maintain the fence. We decided on one neighbor side to install the fence six inches inside of our property line for maintenance purposes.
It is sometimes possible to infer who is responsible for a fence by establishing the pattern of fence ownership along the same side of the street. Many of our fences are considered to be 'neighbor friendly', meaning that they look the same viewed from either side. He removes the old fence and erects the new fence in exactly the same position as the old fence stood. Above is a holiday photograph taken in Cornwall in 2012. I told him as we looked at the neighbors fence facing his yard and others in sight, that the good side should face out.
If the neighbor wants a nice fence, then the neighbor can use his own money and land to build whatever fence they want. Whilst it does not relate to any boundary that I have investigated, it neatly demonstrates that not all fences are necessarily boundary fences: it is likely that the stone wall carries the boundary whilst the barbed wire fence is there to prevent livestock from escaping over the wall. That being said, the fence posts or poles , rails, and other hardware are installed on the inside of the fence line and face you. Two days after we put the fence up, a police officer showed up at our front door saying the neighbor said we are on 3ft of their property and they are hiring an attorney to sue us and we are paying for the attorney. I understand that the title plan only defines the boundaries in red, but doesn't signify who is responsible for what. The matter would more than likely being, presumably, a civil case have been decided on 'the balance of probabilities' rather than the criminal law's 'beyond reasonable doubt.
Mad because I am seeing white on my stained fence. The finished side keeps people out, so it goes on the outside. All of this can seem a bit much just to define a garden fence boundary. We are going to install a nice scalloped five foot picket fence around our whole backyard at our expense. Got along very well with us, would have said something to us about the supposedly 3ft of property especially when we planted our 21 Arbourvitas in front of the fence he put up all around his property. And That he will benifit from a better looking job if you can do some of the work from his side. On modern houses the fence post tend to be on the boundary so its hard to tell? Luckily two of my neighbours have lived here since the houses were built and said that the boundary on the left as you look out the back was mine.
Another issue is that a dog could just run into the fence and bash thru, like a battering ram. But since we are paying for the fence and are doing our whole backyard, then we have say in what we put up correct? You might find that you and your neighbor can collaborate on the project—and split the cost. So you would be wasting your money, quite possibly as much or more money than it would cost to pay for a new fence. On your title plan you will see some notes with respect to this. It will be easier for you to maintain it if you ever need to fix it due to a windstorm for example. For example, should your garden fence be damaged by a falling tree or during a storm then this would typically be excluded under most policies.
I placed my 2 neighbors fences on the pretty side for them…strangely enough I felt if a home invasion happened I could use the wooden slates to jump over and find help. Looks great on his side, not so good on my side. I am going to build both sides, as it was done originally. Thank you all so much for your help. I quite often come across this sort of problem with fencing and removing hedges the only way that seems to work is being as nice as possible, and eating as much humble pie as you can. As for case law, well it must be there somewhere, keep looking! I'm a bit puzzled, and don't know how to find out which fence is mine. You should be smarter than that and place it inset on your property enough to be able to maintenance both sides.
In the case of a closeboard fence, as you are aware, the posts are 'behind' the fence. Few follow such specific practices now, but I agree that to erect posts on another's property without permission is inviting trouble and the possibility of having to 'resite' the fence. But it says clearly on my deeds which fences are mine. Just remember safety is an issue too. As a general rule, fences in back gardens should not be higher than 2 metres.
So he had a hodgepodge of privacy fencing. Even if your code doesn't require your fence to be installed in this way, we still recommend doing so for most applications. They have lived there a couple years. If there is any uncertainty, you can request a separate authority to determine exactly where a boundary lies. In particular, the solid panel fences often used for privacy are generally constructed like this. No T to be seen anywhere and reading the the rest of the documentation ne reference to maintaining any fence in particular.