Ownership of a fence

[mightymiller]

Hi. A few years ago the fence between us and our neighbour was becoming worse for wear. On a number of occasions, I asked the neighbour if I could go into his garden to refit panels when they had fallen off, and he had no issue. He never said that it was his fence so he would sort it. The fence is of the type that has vertical boards with small gaps between them.

Then after a while I decided that maybe it was time to replace most of the fence, so I checked my deeds and as they suggested no boundary ownership (no T) I took it upon myself to replace it. I mentioned it to my neighbour and he was happy for me to replace it, he even supplied a contact at a wood supplier so I could get a small discount on the materials. The neighbour never suggested at the time that the fence was his responsibility, or even shared, he just allowed me to replace most of it. That was all about 3 to 4 years ago.

A few months after that, he took it on himself to replace the section of the fence that we didn't do, and after the event asked us for the money for the materials. Which we paid at the time as we were under the assumption that it was our responsibility, so he had actually done us a favour by doing the labour himself.

Then a few weeks ago whilst we were on holiday, he modified the fence. He put vertical pieces of wood all along his side of the fence to block the small gaps between the existing boards. When we asked what he was doing, he said that it was his fence so he was adding those slats to make it more private. We suggested that it wasn't his fence so he produced his deeds which showed the T on his side of the boundary, and said that shows that it is his fence. And that, if we did anything to it then he would get the police involved.

I have asked a few people I know, a couple of people who erect fences for a living, and also a general request on a forum and everyone has said that as I paid for the fence to be replaced, then it is my property and he shouldn't modify it (or even paint his side) without my permission. This is regardless of his deeds showing a T on his side of the boundary.

So there are three areas of fencing where ownership on unclear. The majority which I paid for and replaced, the small section that the neighbour erected but I paid for the materials, and a section that is the existing fence that was in fairly good condition so not replaced.

[des8]

The land registry files might show it is his responsibility to fence the boundary, but that does not mean he owns the fence.
If you paid for the fence it is yours, and any interference with it by him is a trespass.

[mightymiller]

It can be confusing as on the Land Registry site it says:

The register will only show information concerning the ownership and/or maintenance of boundary features when this information is specifically referred to in the deeds lodged for registration. The most common marking on deed plans that relates to boundaries are ‘T’ marks. An entry referring to a ‘T’ mark is normally a statement concerning the ownership of a boundary structure or the liability to maintain and repair it.

So it states that it is normally a statement concerning ownership or the liability to maintain and repair it, it doesn't clarify anything around if the neighbour replaces it.

[des8]

agreed, but if you put something on the boundary it is yours.

The Land Registry statement does say "normally a statement concerning the ownership of a boundary structure or the liability to maintain and repair it."
It is not a definite statement of fact

[mightymiller]

After trying to get through this week, I have just managed to speak to Citizens Advice, and their view is the opposite in that if the deeds suggest that it is the neighbours responsibility then regardless of whether they agreed for me to replace it, they can do with it what they want.

[islandgirl]

Why are you bothered? Is more privacy not a good thing? Do not have a dispute - you will have to declare it when you sell!

[des8]

If you put something on someone else's land, they cannot just do what they wish with it1
Just think if you parked your car on their land and they painted it rainbow colours
If they do anything to it they commit a tort (trespass) and possibly are guilty of criminal damage.
The same applies to a fence along the boundary line

If it is actually on their land (and remember a boundary line has no width!) and you refuse a request to remove it, they could theoretically take it down. However they would need to do it without damaging it.

Pragmatically, is there a problem if he blocks gaps in the fence?
Feuds over fences and boundaries tend to become heated (besides expensive!) and remember you continue living next to your neighbours.
Also if you come to sell your house you will have to declare the breakdown in the relationship to prospective buyers

[islandgirl]

Great minds think alike Des8

[mightymiller]

I don't have an issue really with the gaps being covered, it's just the principle of him knowing at the time that the fence was his responsibility (I can only assume he knew at the time of course as he didn't say anything) and letting me pay for it. He has even prior to that, let me go into his garden to repair it on his side, again without ever mentioning it was his responsibility. As I also mentioned there was a small section at the top which he replaced and then asked me for the money for the materials, which suggests that either he knew it was his and was taking advantage, or didn't even know at the time.

[islandgirl]

Either is possible and yes it is REALLY annoying. I think I would avoid a dispute just don't repair it again at your expense. You now know your neighbours true nature and know to be careful.

[des8]

The Land Registry markings might suggest he is responsible for fencing (or whatever) the boundary, but he could deal with that by not erecting a fence (unless there is a fencing easement).

Your neighbour seems content to allow you to pay and erect the fence and pay for its maintenance, but then claim it is his because of some marks on a plan.

Without getting into an argument or starting WWIII, next time he lays claim to it just tell him he's wrong.
Or you could remove it and have open plan!!!!!!

[mightymiller]

Many thanks all for your input, much appreciated.