boundary dispute

[joyhibbs]

Hi. I don't know if anyone can help or point me in the right direction but I am really stressed about this. I want to take down a chain link fence and, in its place, put up a six foot wooden fence. The deeds of the house show that we are responsible for maintaining this particular boundary. My dad put up the chain link fence 10 or 12 years ago.

I thought I could replace this fence. My neighbour says that this is the boundary fence and I cannot remove it without her permission. (I said I don't want to remove it - I want to replace it.) She refuses to let me replace it.

Surely, even if it is the boundary fence, I can replace what we put up originally without her permission? I don't want to remove it completely. We just want privacy from her because she has been aggressive in the past.

When you are sleep-deprived through being a carer this is kind of the last thing you need. This has really got to me. Would love to get this resolved and dread having to pay lawyers fees to do so. Hope someone may be able to point me to the correct legislation. Thank you very much.

[paulingreece]

Hi Joyhibbs, if it is the boundary fence what you can do is put your wooden fence up against this, so the panels sit tight against the chainlink, she cannot say anything because it is on your land and not the boundary line, a gap of 10 milimeters should suffice. Contact the land registry to see what if any rules stop you doing this, alternatly the C.A B can point you in the direction of a solicitor who gives initial advice free, good luck.

[Scally]

Good advice Paul! Its your call Joy, but check with the local council planning people first to make sure you are within the rules.

[Caring_Mind]

Good advice has been given you here, Joy. My ex used to work in the Land Registry and one of his things was to sort out boundary disputes.....phone them - they will give you the answer x

[NanaNana]

Very sound advice.
If you put the fence up on your side of the chain link, then she can't do anything about it and if she does try 'tampering' with it, then she is in the wrong, cos the fence is on your property and the fence IS your property.
If your council allows a 6' fence, then so be it.

[Penny]

Joy - If it's your boundary (which you say above) and it's your chain link fence you can do what you like, providing you stay on your land to do it. Personally I would show her your deeds where it says its yours and say, "we are going to put up a wooden fence and will be removing our chain link fence in order to do so."

You could also remind her that since it is YOUR fence on your boundary she is not to paint it, hang anything on it or attach anything to it without your permission. Actually if you can run to it, I'd have those strong concrete posts put in where you can then just lift the panels out to "treat" each side in the future or replace if they rot.

The suggestion about putting a fence on your side of the chain fence is a good one if it's not your boundary but why should you let this woman tell you what to do? Some people start with a thing like this and once they know they can get away with it, they'll come up with something else.

[joyhibbs]

Many thanks for your replies - it's very kind of you. Although putting up a wooden fence next to the chain link fence is a very good idea, it causes a problem for us as it would encroach upon our narrow path which my mum uses to walk along. That's why we are keen to replace the chain link fence. It will cost less than having to build a new path as well. I've phoned a couple of solicitors today and got some initial free advice - they can't see any reason why I can't replace it ( as long as we stay on our land to erect the new fence). I'm still a bit nervous that she is going to cause probs so I've emailed the land registry too to check if they think it's ok to replace it.

[Penny]

Joy - I'm trying to visualise your garden. But I'm a bit dim today, cos I just can't!

You have a boundary with a chain link fence on it. The other side is your neighbour's garden .... right?

Your side of the chain link is a path on your land?

I think the Land Registry will only answer general questions not specific ones. Honestly Joy, if your deeds say that it's your boundary and it's your chain-link fence then, do what I suggested above.

People do try it on. We had a neighbour who told me that he had Right of Way across part of our property. He was a right bighead! I suggested he show me something in black & white and I might stop laughing at his suggestion. There was nothing on our deeds about it and I showed him a copy and said "let's compare it with yours then". He just said "I know I'm right, I don't need to look at stupid deeds." He never tried it on again though.

[Penny]

Ah ha, do you mean a concrete path on your side?

[g.herschel]

As a full member of the awkward squad , inform your neighbour if you cant put in place i nice new fence that will be of benefit to the both of you , tell her you will plant a couple of dozen nice little leyandii....oh here she comes with the nails ....