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Garden fence

I've a big problem I've recently bought a new house and the builder sold them the brochure said they came with private enclosed rear gardens, but when I moved in I was only giving a small row of whips that will take years to grow into a private garden, so we had no option but to put up a private 5 foot fence costing over £2000 as the open plan back garden wasn't secure for my little dogs the builder has now said he will rip our fence down if we don't remove it and said we could put up chicken wire to secure the dogs, feel sick with worry I would never have bought a house that had no privacy in the back garden the house on each side haven't been sold yet any ideas much appreciated 

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  • Hostafan1Hostafan1 Posts: 34,888

    check with your solicitor. If you've bought the house, and the fence is on your land, the builder has not right to remove it . If he does, he's guilty of causing actual criminal damage.

    Devon.
  • I've bought the house it's freehold and the fence is on my boundary, the builder says there can be no changes to the exterior of the property for 6 years, I assumed that was extensions, will take years before the gardens private 

  • The brochure showed a big thick green hedge and described private secluded enclosed back gardens the houses are on a private gated development and once the 10 are sold we will all own the land but he's giving me 2 weeks to remove the fence 

  • Busy-LizzieBusy-Lizzie Posts: 24,023

    I think you have to check with your solicitor. It does seem a strange demand though and why should the builder bother about it now since it's not his any more, he's sold it to you.

    Dordogne and Norfolk. Clay in Dordogne, sandy in Norfolk.
  • pr1mr0sepr1mr0se Posts: 1,193

    The fence is your property;  the builder cannot damage your property.  He may contest its location; he may also insist, if the deeds confirm his assertion, that you remove it.

    When you bought the property, the solicitor who did the conveyancing for you should be able to advise you regarding boundaries.

    Stand your ground for the time being, and don't let the builder bully you.  He may be worried about future sales of adjoining properties:  lack of fencing can make a garden seem much larger than it actually is, and future buyers may be deterred by having a visual statement of the actual size.  (I'm guessing here - I have no idea of the builder's true motivation, of course).

  • The deeds to the property should indicate the ownership/responsibilities relating to the boundaries.   The usual way of showing this is a tiny symbol which looks like a capital letter T on the site plan  -  like this:

    ________________T___________________

    which means that the owner of the land above the line owns/is responsible for the boundary.  If the T were upside down - beneath the line - whoever owned that land would be responsible.  It's not very likely - in a development where gardens adjoin - that one person would "own" all the boundaries.  Quite often it's one side of the plot and perhaps the rear boundary, if there's no other property to the rear.  It used to be fairly easy to recognise this, as fence panels often have  a "back" and a "front", and years ago people used to fix the fencing so that the "back" faced on to their garden area, with the "front" facing outwards.

    Some panels look the same on both sides, and sometimes people say that they want what they feel is the "best looking" side to face their own garden - so in both these instances it's very hard to tell whose fence it is.

    If the rear of the plot backs on to (or was) part of open ground it's possible that when it was purchased for development the purchaser was responsible for erecting some kind of fence on completion of that purchase.

    As a result of all this, it can be a bit of a nightmare sometimes to work it all out, so the first thing I'd suggest you do is to contact the solicitor/conveyancer you used when buying the property so that you can establish just what your rights and responsibilities are.  If you have a mortgage, the deeds may not be with the solicitor now, but the Land Registry is something to check and you may be able to do that on-line yourself.

    Last edited: 15 October 2016 17:41:47

  • WelshonionWelshonion Posts: 3,114

    There may be a covenant forbidding the erection of a fence.  We have a covenant forbidding the parking of a caravan on our property.  Although it is an old property, not a new-build, we knew about this after we had purchased at auction.

  • pr1mr0sepr1mr0se Posts: 1,193

    Hypercharleyfarley is, I seem to recall, an estate agent with many years' experience (or well versed in all things property/legal).  So that advice is very useful, and probably much more informed than most of us on here.

    My only observation is regarding land registry, which can sometimes be a bit vague over exact boundaries etc.  That, however, may be more to do with older properties and/or quirky boundary questions such as I had to investigate in a previous property relating to a ditch and bank boundary.

  • hogweedhogweed Posts: 4,053

    Check the missives to see if there are any restrictions on back fences. your lawyer should have done that initially.  If there is nothimy in them you will be fine. 

    'Optimism is the faith that leads to achievement' - Helen Keller
  • WelshonionWelshonion Posts: 3,114

    What is the result?

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