If my neighbours put up fencing are the posts suppose to be in their garden?
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There seems to be a lot of guessing and myths being put forward as answers. Broad basic principles:
First point unless there is an enforceable covenant ( legal obligation in the deeds ) there is no obligation to have a fence at all and sometimes there is a restrictive covenant that prohibits any fence, a so called 'open plan' design as a condition of planing permission being granted.
Next point, although by convention builders often lay out the plots with one side ( left or right ) fence belonging to one and the other hand to the neighbour this is not conclusive of ownership, you need to look at the deeds.
Next in the absence of a fence the obligation is to stop your own kids, dogs etc. straying into a neighbours garden, there is no obligation to put up a fence in order to keep kids or dogs out. This is assuming that your land is safe if they stray onto it as the Occupiers Liability Acts places an obligation to protect trespassers from forseable risks or injury on your own land.
There is no obligation to put the so called 'best side' facing any particular way except by convention. Either neighbour can put up ttheir own fence as long as the structure is contained within the boundary of the respective owner and if you don't like the look of your neighbours fence you can put your own up on your side like a double skin. A fence does not have to be set back, it can go right up to the edge of your ownership.
If you don't like your neighbours fence you do not have any right to drive nails into it, paint it a pretty colour, fix trellis, support your plants on it etc.petty as it may be.
yeah!!!!!!
Yes, if it's their fence it should all be in their garden
yupp, if they wanted it, then they should have it.
yes and their also ment to have the "bad side" facing them
they also have to treat your side of the fence and make sure it looks presentable.
yes...should be within their boundaries set out in their deeds.
Yes, their fence their garden!
Common sense would dictate that whoever pays for a fence will put the posts on his side. but if both of you pay for it . put it in the middle .
If you want to do it properly get a surveyor to check the proprty line . but that is expensive
they are supposed to have it within their property line... not directly on it... and as said before... they have to make sure that the "better looking" side is facing away from them.
each property has their own side and if they r puttin up a fence which is ur side it has 2 be in their boundries if they wan a fence up
yes and no. YES if it is on their side. NO if it is on your side. The side you own is on the left as you look up your garden.
just had this row with my neighbours they replaced the fence but its on my boundary. we had to make sure that the posts ran parrell to the brick built garden shed. in the end we got in touch with the land registry and sorted it out that way. bloo8y nightmare so good luck with it
Generally, as you look at the front of your house, the left hand is considered your fence (rarely the deeds of a house state differently).
So it depends on which neighbour it is. If it is the neighbour on your right, then that is obviously their fence (and their responsibility).
Usually people put any posts, or arris rails on their side of the fence, as this acts as more security - because it makes it harder to climb into. Although, if it is their fence they are replacing, it is up to them which side they prefer to have facing them, and unfortunately you can't really do anything about it other than to 'dress' your side of the fence i.e. attach some trellis and plant some climbing plants.
Hope this helps.
if it runs a property line the posts are on there side of the line, and a mower wideth to there side. they can not place it direcrtly on the line as for anything dealing with property lines the one doing the work has to stay at least two to three feet their side of the line.
Yes
If your neighbour is putting up a fence or wall no part of it should intrude beyond their legal boundry into your property so if they have erected a fence and the posts have been put your side of the legal boudry they have encroached on your property
The fence only has to be one inch inside their property line--if they choose to have the smooth side of the fence on their side and the posts on your side it is legal. I did it that way and my daughter has her fence smooth on her side and the posts face the neighbors.
yes the neighbor fence should be within their property line by at least 4 inches. I am not sure what the rule be in rural areas where land is surveyed and deeded sometimes by fenceline. especially if it is property that hasn't changed hands recently.
Yes the idea is to drive the nails HOME. The good side of the fence should face your property if it is your neighbours fence. If you look on the deeds you will find which fences belong to you as they will have a 'T' marked on the plans. As a rule of thumb if next door is older the fence is likely to be theirs.
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