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Ownership of boundary fences.

 
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lowri



Joined: 18 Oct 2006
Posts: 1269
Location: ceredigion
PostPosted: Sun Aug 18, 19 10:47 am    Post subject: Ownership of boundary fences.  Reply with quote    

I have a boundary fence at the bottom of a bank with a field track on top of it. The bank and track are on my neighbour's side. The fence is post and sheep netting. The netting is on my side. The bank is about 6 foot up, and then it is level ground. The bank is gradually deteriorating, stones etc rolling down to the fence and even smashing into the posts, which have been there over thirty years. Next door's sheep come below the bank for shelter and are leaning against my fence and trying to get over it. My ponies are leaning over from my side whenever something green they can reach grows up.
Now the sheep pop over the bent fence, eat my grass, and pop back.
Whose responsibility is it to mend the fence?
I feel that as my neighbour is not an easy person to approach, I will have to bite the bullet and put up a new fence inside the original one, on my side. It isn't a long stretch of fence, and it's a case of Anything for Peace. Good fences make good neighbours. Am I right? At 78 I just want to fix it.

Ty Gwyn



Joined: 22 Sep 2010
Posts: 4281
Location: Lampeter
PostPosted: Sun Aug 18, 19 11:18 am    Post subject: Reply with quote    

Was the fence there before you moved there Lowri?

Normally the netting is the side of the fence owner,

If the netting and fence in general is not totally shot,i`d advise to get some extra posts knocked in and a strand or 2 of barb on top to stop the ponies reaching over.

One would think your neighbour knowing your age could knock some posts in for you,and maybe you could get someone to give him a hand between you.

Jam Lady



Joined: 28 Dec 2006
Posts: 2134
Location: New Jersey, USA
PostPosted: Sun Aug 18, 19 4:24 pm    Post subject: Reply with quote    

Lowri, since you say that it is a relatively short run of fencing - can you run an electric wire, charged off a car battery.

Ponies - easy. Sheep will need a charger with some authority to it, what with their woolly coats. When I had an electric fence to cope with deer in my previous garden (deer have hollow hair) I used a Gallagher charger, developed in New Zealand. Here's a link to their site: https://www.gallagherfence.net/

Marionb



Joined: 27 Aug 2006
Posts: 5260
Location: Mid-Wales
PostPosted: Sun Aug 18, 19 6:41 pm    Post subject: Reply with quote    

I always thought the owner of a fence could be determined depending on which side the posts are... if the posts are on your side of the fence then it's your fence.

derbyshiredowser



Joined: 11 Feb 2007
Posts: 849
Location: derbyshire
PostPosted: Sun Aug 18, 19 9:19 pm    Post subject: Reply with quote    

Can you look on your deeds ?

Mistress Rose



Joined: 21 Jul 2011
Posts: 11064

PostPosted: Mon Aug 19, 19 6:50 am    Post subject: Reply with quote    

If you can find out from your deeds who is responsible for the fence, you might be able to pop him a friendly note asking if he can fix it. If not, either the electric fencing, or replacing it your side are options, but be careful with the latter as you don't want to lose ground to your neighbour. I understand you just want a quiet life and that you might need to employ someone to do it, but if you want to sell, the original boundary needs to be defined.

tahir



Joined: 28 Oct 2004
Posts: 44282
Location: Essex
PostPosted: Mon Aug 19, 19 9:52 am    Post subject: Reply with quote    

Lowri, just erect a new fence. I've had to deal with plenty of idiot neighbours, it's the last thing you want at your age.

lowri



Joined: 18 Oct 2006
Posts: 1269
Location: ceredigion
PostPosted: Mon Aug 19, 19 10:21 am    Post subject: Reply with quote    

Tahir, I think you are right! Easy way out - and if it's temporary over 10 years or so I will have shuffled off by then, probably!
The fence was there before I arrived - which was in i987 - but these particular neighbours were not.
Think I'll just put up another fence!!
Thanks everybody, anyway! Nice neighbours on Downsizer!!!

Ty Gwyn



Joined: 22 Sep 2010
Posts: 4281
Location: Lampeter
PostPosted: Mon Aug 19, 19 10:40 am    Post subject: Reply with quote    

I moved here in 86 ,and its surprising how things have changed since then,all but one of my neighbours has changed,some twice.

What part of Ceredigion are you Lowri,incase I can recommend a fencer to you.

Mistress Rose



Joined: 21 Jul 2011
Posts: 11064

PostPosted: Tue Aug 20, 19 7:06 am    Post subject: Reply with quote    

Rather than a garden next door and a field at the end of the garden, we now have infill houses next door and a road across the end. We moved here in 82 and the whole area has been built on.

Ty Gwyn



Joined: 22 Sep 2010
Posts: 4281
Location: Lampeter
PostPosted: Tue Aug 20, 19 7:28 am    Post subject: Reply with quote    

Mistress Rose wrote:
Rather than a garden next door and a field at the end of the garden, we now have infill houses next door and a road across the end. We moved here in 82 and the whole area has been built on.



That is one of the reasons so many move to West Wales and the cheaper properties of course,the last few years the influx has been unbelieveable,abd sadly it does change country communities.

Mistress Rose



Joined: 21 Jul 2011
Posts: 11064

PostPosted: Wed Aug 21, 19 6:07 am    Post subject: Reply with quote    

A lot of the people who have moved in here come from towns and it has changed things round here badly too. Most see the countryside as a playground and can't understand that work can go on throughout the year and 7 days a week. The first thing they insist on is street lights, then complain about cars going too fast along the roads when they are the main culprits. 'So dangerous for the children'. Both son and I survived when there were higher or no speed limits, and only accident son had was in the 30 mph limit when he and a car misjudged each others speed. Luckily not badly hurt.

gregotyn



Joined: 24 Jun 2010
Posts: 2031
Location: Llanfyllin area
PostPosted: Fri Aug 23, 19 2:30 pm    Post subject: Reply with quote    

My boundary posts are on my neighbour's ground except where the ditches are, then they are my fences on my ground and the ditches are mine, but on his ground. I have access to his ground to clean the ditch out, but he has to fence his side even if the ditch is on his side if he wants to keep stock in there, to stop them falling in the ditch! If you put the fence posts on your side of the fence you lose some ground

Clearly your neighbour is not much of a neighbour, but regrettably he is right to ask you to fix your fence even if he is causing the damage.

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