How To Find Who Is Responsible For A Boundary Fence Please? Need To Know Asap. Not Marked On Deeds.

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Happyhappy | 16:59 Tue 22nd Sep 2020 | Home & Garden
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How to find out who is responsible for a boundary fence please
? Not marked on deeds. Needs to know asap


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Have you checked on the Land Registry. If it is an old property and not on the deeds, it may well be marked on the Land Registry, unless it has been in the same hands for years, or not altered to show which properties are responsible for which boundaries.

If it is a new property, again the Land Registry will give the information. Deeds do not mean a lot these days, apart from the historical interest.

There is a charge for a Land Registry search

No rules apparently...hopefully the content of the link is useful though
//There is no general rule about whether you are responsible for the boundary fence on the left or right or rear of the property. If your property is registered at the Land Registry you can obtain what is called an 'office copy' comprising a title plan and register details.//

In old properties it can cause neighbourly disputes, and sometimes problems. We experienced this!
We probably need a bit more information, but you could start here.
If you're property is in the middle of others in a street say, ask the neighbours a few doors away which side they consider themselves responsible for. Often it's considered that if your side of the boundary displays the fence supports, it's yours. Your local council planning office may be able to offer further guidelines.
I tried to do this over 15 years ago as my neighbour (the horrible one) decided to knock down my brick wall and build her own in place of it. Land Registry paperwork was useless and didn't show if the wall belonged to me or not. I decided not to take any action as the woman in question was a nasty piece of work.

The only wall that belongs to me is the front wall.
I have to agree with the others. There is no rule. A lot of deeds/title plans are "silent" about this.

You mention a fence. The nearest thing you can get to in law, is to determine who has been maintaining the fence. Probably just the occasional coat of preservative.

Otherwise, it comes down to agreeing with your neighbour, but I guess that's the problem here?
I stand to be corrected on this but, as far as I know, there is no responsibility to maintain a fence other than to keep animals in or to keep it from being dangerous. In other words, if the fence belongs to your neighbour and you have a dog, tou need to keep the fence in such a condition that your dog can't get next door.
My suggestion is to assume it is whomever put up or paid to have put up, the fence. Alternatively whoever wishes to keep it in good repair.
bhg you have it right except that you don't have to keep any existing fence in repair even if you do have an animal to long as the animal can't stray, you can let the fence fall down regardless of whether you won it or not. If there is any issue regarding who owns a fence, any repairs, replacement etcetera can tip the balance in any legal decision making process. As with any neighbour dispute issue, my life experience non legal advice would be to do your best to avoid falling out with a neighbour.
You say bhg “ best travois falling out with your neighbour “ what if you think you are in the right to complain. I’ve just returned from a trip away to find the fence my neighbour has erected is higher than we both had agreed on, prior to commencement of works. Maybe you recall my earlier post on the subject. Where to measure ground level from, if the original ground level had been raised by spoils from building works.
I stand by "Best to avoid falling out with your neighbour" (which, I assume, is what your predictive text changed your post to. Getting into legal squabbles costs a lot of money and ill-feeling. Just out of interest our neighbour had a fence replaced which turned out (accidentally) to be about 6" higher than the old one. His wife is quite short, so now we leave a small stool on our side so that we can chat if we see her.

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