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Neighbour has removed boundary fence? Neighbour has removed boundary fence
We receive many enquiries concerning fences, but one of the most common scenarios is where a neighbour has removed the boundary fence. Resolving the issue depends on who owns the fence and your neighbour’s intentions.
See also: Boundary fence rules UK
Who does the fence belong to?
The first thing to establish is who owns the fence, which may not be as easy to answer as you think.
It’s crucial to distinguish between a boundary – simply an invisible line with no width – and a boundary feature, which is anything used to mark the extent of a property. They are not the same thing. A boundary feature may be a fence, wall, hedge, or a line of trees or stones. But there may be no feature at all. If there is one, it either sits entirely on one side of the boundary, straddles it, or meanders from one side to the other. In other words, the boundary feature does not necessarily represent the line of the boundary.
Sometimes, property deeds can help clarify the ownership of a boundary feature. On new estates, developers often provide some indication. Failing that, check out whether a general ownership pattern exists along your road. Sometimes, however, there is simply no clear answer.
People often believe you own or are responsible for maintaining a boundary feature on the left or right of your property. However, there is no such legal presumption. And T-marks on deed plans are another source of confusion. While an inward-facing T-mark on your deed plan usually means you are responsible for repairing that boundary feature (an H-mark indicating joint responsibility), the Court of Appeal has held that it does not also mean (or indicate) that you own that boundary feature. So, unfortunately, a plan is unlikely to be of help on the question of ownership.
What are my options if the fence is mine?
If you have any doubt over ownership, always take legal advice before approaching your neighbour. But if the fence is yours, your neighbour has committed criminal damage by removing it and theft if they have retained or disposed of the pieces. However, the police are unlikely to be enthusiastic about getting involved, likely telling you, “It’s a civil matter.” And they will be correct to the extent that you also have a right to sue your neighbour for damages, i.e. the cost of erecting a new fence. But litigating the matter can prove expensive. And there’s no guarantee of recovering your legal costs from your neighbour, even if you win.
If possible, speak to your neighbour. And while it may not be easy, remain calm and hear them out. They may genuinely believe they owned the fence. Give them a copy of your evidence of ownership and advise them to take advice if they remain unsure. I have encountered cases where neighbours are genuinely mortified at their mistake and look to rectify the situation immediately. It does happen!
What if ownership is unclear or the fence belonged to your neighbour?
Remember, unless the deeds say otherwise, there’s no legal requirement for a fence or other boundary feature in most cases. Their presence is simply a practical way of marking the approximate extent of your property.
If your neighbour seems to have no immediate plans to replace the fence, you can erect one – or another boundary feature. However, you should only erect a fence straddling the boundary with your neighbour’s express written consent. That means agreeing on a plan and on the ground the exact position of each post hole. In practice, erecting the fence entirely on your side of the boundary is often easier, but that’s assuming the boundary’s position is agreed.
See also: Boundary disputes
Neighbour has removed boundary fence: Communication
In all boundary-related matters, the method of communicating with your neighbour is so important. For example, if the first approach your neighbour receives is a letter from a solicitor, that’s unlikely to set the right tone for a constructive discussion! If circumstances mean a verbal conversation is out of the question, put your concerns in writing. We can help you with a draft letter. But you should always make a detailed note of verbal conversations as soon as possible afterwards. Make sure you carefully record the date and time of the conversation and of your note. Doing this can prove invaluable should a dispute arise later.