Fence responsibility

[Kos]

It's that old 'who owns the fence?' chestnut again!!

Both neighbours either side of me claim that I am responsible for the boundary fences. Now I know that I am only responsible for 1 of them, but which 1?

I have checked my deeds and they do not show any information of boundary ownership.

What can I do to sort this out without it costing a fortune in legal costs?

[woofgang]

what are they wanting you to do? If you own the fences, which seems to be what they imply then you could choose to remove them entirely!!. Usually, if the fence is part of your property, then you will get the "bad side as the fence posts will be on your land. Again, this just means that you own the fence and if you choose to keep it, are respponsible for any damage it might cause due eg to it rotting away and falling over. As I have said, usually in england, unless there is a separate restriction on your property, requiring you to fence it,. fence ownership does not imply that you have to maintain it, you could remove it instead!!!!

I have had experience where this information, fed into the conversation in a friendly manner, has produced an immediate resolution to the discussion!!

[Chillum]

I looked into this before, and apparently you are generally thought to be responsible for the fence on the right of your property, though I don't think there's anything set down in law. I can't remember if I found this out when I lived in Scotland or when I came down South, there may well be a difference. I seem to remember that the "right" hand side is the right as you look at the house from the front.

[Kos]

Due to the recent winds one of the fence panels to the front of the house, on the left-hand side, looking out to the road was damaged beyong repair. On the basis that the 'good side' of the fence is on my side I believe it is my neighbours responsibility to replace it. His view is that he'll take the whole fence down which is aginst my wishes!

As to good-sides and bad-sides in the back garden- the posts are actually between the panels and lie on neither property fully?!!?

[Kos]

I originally thought it was that straightforward Chillum but apparently that is not so and there are no definitive 'right/left' answers

[BillyNoMates]

The only way is quite simply to look at the Deeds.

When you purchased the property you should at least have been provided with a copy of the Land Registry map for what you were actually purchasing - the boundary should have been clearly marked in red. If not you should have had it documented by the Solicitor handling the purchase.

I would suggest going back to the Solicitor, explaining the dilema and hopefully he/she will clarify the matter with no fee. Initial consultations are normally free of charge.

Good Luck.

[spudqueen]

Yes, you need proper guidance as to your particular property. I've owned 3 different houses, all terrace properties and on the first one we owned the fence on the left, the second one we owned the fence on the right and the one I live in now all boundaries are jointly owned!

[steevee]

Are there any concrete posts, with or without a connecting wire, on the boundary? If there are and the fence is erected on your side of the posts/wire, then I would think the fence is your property. If the fence is erected on your neighbour's side of the posts/wire, then it would be their's.

[Newt]

Hi Kos,

You might find these sites helpful.

http://www.letsgogardening.co.uk/Information/gardeninglaws.htm

http://www.gardenlaw.co.uk/

 

Newt

[simon09]

I own a mortgage free property. My Deeds suggest that I have to repair the 'left hand side' of my property. After storm damage I find 4 fence panels damaged on both sides of my property. On the right of my property, they just laugh, and think it is my responsibility. On the left, my neighbours have a retirement home for crappy sheds, and storing their crap. In storms my fence panels are blasted. We all know, they need to flex, but I am being bullied to repair both sides!!