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Fences

summerholidayssummerholidays Posts: 61
in The potting shed
Hello all. I could use some advice please. My neighbour says the boundary fence is mine and he wants me to replace it. The problem is he has several very large shrubs and trees planted right against the fence and they are growing through the fence and over the fence (breaking the wooden strips) and pushing entire fence panels towards my garden. I think it's a matter of time before the fence comes down. He also has thick ivy growing all over his side of the fence. When the shrubs and trees grow through the fence and when I see the ivy coming through, over and under the fence I cut it back to the boundary. There is also a matter of the roots of his larger shrubs and trees which are visibly coming through to my side and I wonder if they too could be affecting the fence panels and posts (and who knows what else as they're growing under my drive towards my house). I have sprouts of his plants popping up on my side from the roots which go under my drive. I cut off anything I see. I think it's obvious that his plants are damaging the fence. He doesn't agree and insists that his plants are 'not to be touched' meaning he won't cut them back and he won't allow me to do so either. He also suddenly feels the fence is 'in the wrong place'. Apparently he thinks the boundary line should be moved a few feet into my property. I only recently bought my house and there was nothing mentioned of a boundary dispute. The neighbour bought his house about 5 years ago. There are no plants, trees or shrubs on my side of the fence.

I don't want to fall out with my new neighbour, but I also don't feel I should pay to have a new fence installed and especially when it's clear to me that his plants are damaging the fence. I don't even know that it is 'my' fence. I also think that the more his plants grow they will end up damanging any new fence that is installed and I don't want him thinking I'll just keep paying to replace. I also do not want to move the boundary and I'm not sure why that is even coming up now. The boundary is currently right down the middle of the two properties.

Any advice would be appreciated.


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  • nick615nick615 Posts: 1,487
    A carefully worded and well written letter, requesting that the neighbour put in writing where he gets his assumptions from, adding a clause that it will be useful in forming the basis of any future negotiations, will probably make him think.  We had a stroppy young couple descend on us some years back and started saying what they were going to do to their property, so I did just that and they eventually moved.
  • summerholidayssummerholidays Posts: 61
    Thanks Hexagon. I'll have another look at my deeds. 
  • JennyJJennyJ Posts: 10,576
    If the fence is where it's shown on the deeds then they can't insist on it being moved - they're most likely just trying it on and hoping to grab some extra land.
    I'm afraid in your situation I would probably weedkiller the shoots coming up from underground, or maybe dig them out back to the boundary if I was feeling energetic.
    If the fence is yours and it falls down, you could trim the shrubs on the boundary line and call it a hedge >:)

    Doncaster, South Yorkshire. Soil type: sandy, well-drained
  • summerholidayssummerholidays Posts: 61
    Thanks nick615. I'm willing to give it a try.
  • Lizzie27Lizzie27 Posts: 12,494
    Legally you are entitled to cut off any parts of a neighbours hedge, including roots, if they are on your side of the boundary. He hasn't got a leg to stand on and cannot force you to put up a new fence, he's just trying it on. Stand your ground and tell him you will consult your solicitor.
    North East Somerset - Clay soil over limestone
  • owd potterowd potter Posts: 979
    There is a requirement during the conveyance of property that the seller complete a Property Information Form (PIF) declaring such things as ownership of boundaries and whether any dispute exists etc 
    I'm guessing that you will have employed a solicitor to conveyance your property.
    That would be your first port of call, I would suggest.
    Just another day at the plant...
  • Lizzie27Lizzie27 Posts: 12,494
    edited March 2020
    You're quite right @owd potter. I'd forgotten that, a long time since I did conveyancing! Your solicitor should have sent you a copy of the PIF.
    North East Somerset - Clay soil over limestone
  • summerholidayssummerholidays Posts: 61
    Thanks JennyJ. I felt like he was trying it on. Given the circumstances, I'm not willing to pay for another fence so I like your idea of a hedge for now.
  • summerholidayssummerholidays Posts: 61
    Thanks Lizzie27 and owd potter. I'll have another look through the solicitor forms and deeds. There was definitely nothing at all mentioned about a dispute because I specifically asked that a few times of both the solicitor and the estate agent. Both previous owners (my house and the neighbour) had lived here since the properties were built so I think this neighbour is just trying it on with me for some reason. Why someone would behave like this is beyond me.
  • Nanny BeachNanny Beach Posts: 8,719
    Have (had) a similar problem.  Were told by said neighbour, the right hand fence was our responsiblity.  I rang the Land Regisry to confirm because there are no T markers on our Deeds.  Same scenario, HIS fence our left, damaged by mostly brambles we are talking stems 6 inches diameter, the fence was already rotten and brittle.  I posted on here a couple of years back, why buy a property with a big garden, if you dont like gardening.  They dont even use a third of it, thats just bloody great fir trees and brambles.  Border near property clay soil flooded in winter,  Hubby wanted to dig out and replace soil, but fence rotten. Went and saw neighbour, is it OK to replace fence, (hardly going to say no) Then we need new shed (s) both completely rotten, again went asked permission, because once sheds were up it would be difficult to access fence.  2 Years ago, after windy weather, they came round just to let us know 3 panels had come down, BUT they couldnt get out there it was too wet. They are 20 years younger than us.  Hubby carried on replacing fence as it snapped, came down etc, to the tune of £800.we see them several times a week, we both had health problems, at one point summer 2018 they were actually sitting out in there garden having lunch laughing while we were slogging our guts out.  Eventually, "Oh, yeah we have been meaning to thank you, but we couldnt afford to replace the fence". No, because of the 2 brand new cars, and 4 holidays.  I paid for an hour consult with a solicitor.  She said, you cant forace anyone to replace or mend a fence, or even have one, they could have  bit of string if they wanted, or nothing.That if one eyelash fell from Hubby over their side it was tresspass, we should have given them back the rotten fence, put it in their garden, because we had commited criminal damage and theft!  I know your problem is this in reverse.  Yes, you can remove anything coming over from next door, meant to give it back to them.  She said whatever you do DONT get into a disput with them, She recomended we put a fence up our side, left theirs in situ, I said that wouldnt work, every fence post was rotten, and the fence always fell onto my plants damaging them, it would have damaged any new fence we errected.and there are trees and big shrubs all along there, it wouldnt have been possible.She suggested we asked for some contribultion from them, said they had already said they had no money.   What realy peed me off though, is that it is still THEIR fence, their property even though we have paid for it.
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