Whose fence is this?

pxl8

pxl8

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Andy Jones
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fence.jpg


My house is on the left, fence in red, neighbour on the right.

The fence has in-line posts, land reg. maps don't show any "T"'s.

My neighbour the other side believes each property owns the fence to the left when facing out to the back.

Now just to add to the confusion our street has access along a path that goes through the back gardens. My house is at the end of such a path coming from the left (as viewed in the image). The neighbour to the right is at the end of another path but this time coming from the right.

I'm slightly convinced the fence belongs to my right-hand neighbour partly because the left-hand neighbour says it's fence to the left but mainly because the fence (as shown) continues past the wall of my house and further into their garden joining the back of their wall.

I know it's a tricky subject but wondered if anyone had any insights as, yes, the fence is now down thanks to the dreadful weather over the weekend.
 
It should say who is responsible for each boundry in the deeds of your house.
I say responsible, as I know for a fact that I am not responsible for the boundry I just replaced - but I still replaced it as I have a hound to keep safe
 
Rule to the left is pretty much universal unless otherwise stated on deeds.
Pete.
 
Deeds don't, as far as I can make out, say anything useful :(
 
which side has the fence posts visible?

you normally have the good side.

but because you have those nasty slotted concrete posts.......in which case i'd go with the left :) or pay for which ever fence is cheapest :D
 
digitalfailure said:
which side has the fence posts visible?

you normally have the good side.

but because you have those nasty slotted concrete posts.......in which case i'd go with the left :) or pay for which ever fence is cheapest :D
Click to expand...

Both sides, wooden posts that sit in the middle of the panels. I checked other houses for a clue from the posts but they're all the same :(
 
leave it down and see who gets fed up enough to stump up first ;)
 
Re: #5. If posts are on one side, I understood it that the owner gets the posts-visible side.
 
Just split the cost of a new fence and labour 50/50 between you and your neighbour?
 
If your conveyancer supplied the property map, the boundaries should be marked by a 'T' - with the bottom of the T pointing to your boundary. They may have described the boundary to the property in their report. Got access?

Each house I have purchased I have insisted that this is done - saves 50/50 offers from one side, and downright refusal to replace on the other.

Best of luck.

Chris
 
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From the diagram you have drawn it would appear to me that that the fence belongs to the house on the right as
a) it is to the left which is a general rule of thumb
and
b) it is in a line with that property, and is built on the boundary of that property.

I would tell the neighbour that he/she needs to get it sorted out and keep your fingers crossed that it works!
 
Tulipone said:
If your conveyancer supplied the property map, the boundaries should be marked by a 'T' - with the bottom of the T pointing to your boundary. They may have described the boundary to the property in their report. Got access?
Click to expand...

House was built in 1905 and we've got mountains of paperwork going back including the original plans, deeds, etc. but none of it gives any details, at best it describes the rough sq footage and the access paths (originally there was one at the rear too).

No T's on any of the maps including those held by Land Reg.

The more I think about it, the more I think it is the neighbours. I guess I'll pop round and ask nicely if they've thought about what to do and will they need access?

Cheers everyone :thumbs:
 
In my experience the nice new fence in excellent condition belongs to my neighbour and the old rotting fence which will soon need replacing is mine!
 
we had a problem with our fence (Council) we have private on the left as you look out the back,

Now, the Council would only replace our back and the right hand fences, they said the fence to our LEFT, My neighbours RIGHT is their responsibility to replace..
 
What a rule be without an exception? :lol:
 
I always thought you were responsible for the right hand boundary looking at the property from the street.

:shrug:
 
If the image representation is accurate then the "outer" edge of the fence is shown within the boundary of the smaller square thus meaning the fence belongs to the smaller square.

Guy
 
look at the fence
the nails are always knocked in towards the person responsible
 
CopeImages said:
If the image representation is accurate then the "outer" edge of the fence is shown within the boundary of the smaller square thus meaning the fence belongs to the smaller square.

Guy
Click to expand...

It's accurate to the point where the lines are placed - the fence is the other side of the wall that forms the "end" of my house - it's a terrace but we have an extension at the back so my "side" wall extends further into the garden than the neighbour. Clear as mud eh?
 
pxl8 said:
It's accurate to the point where the lines are placed - the fence is the other side of the wall that forms the "end" of my house - it's a terrace but we have an extension at the back so my "side" wall extends further into the garden than the neighbour. Clear as mud eh?
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It sadly always is that clear.........:bang:

As far as I understand it though the outer edge of "your" fence (i.e. the surface that faces your neighbour) is always at the boundary of your property.

As has been said if you have, for example, a post and rail fence, the posts are always on your side and the flat surface of the rails/panels marks the edge of your boundary as per the below (assuming the fence has been erected on the actual boundary)

TP_pxl8_FenceQuery.jpg
 
CopeImages said:
As far as I understand it though the outer edge of "your" fence (i.e. the surface that faces your neighbour) is always at the boundary of your property.
Click to expand...

Nope, as stated above, the fence is "in-line" so panels and posts are centered, like this:

posts.jpg
 
hmmm bugggger

Not quite sure then pxl8. From your original graphic though I would have thought that as the fence butts up against your extension (which you would "assume" is built up to your boundary) then the fence is on his land.

Can the Land Registry not shed any light on it for you... in terms of confirming the actual boundary??
 
pxl8 said:
House was built in 1905 and we've got mountains of paperwork going back including the original plans, deeds, etc. but none of it gives any details, at best it describes the rough sq footage and the access paths (originally there was one at the rear too).

No T's on any of the maps including those held by Land Reg.

The more I think about it, the more I think it is the neighbours. I guess I'll pop round and ask nicely if they've thought about what to do and will they need access?

Cheers everyone :thumbs:
Click to expand...

The trouble is of course that even if the fence is his----there is no legal responsibility on his behalf to replace it.Unless of course he keeps a pack of raging Rottweillers out the back.Good luck.
Pete.
 
Can the Land Registry not shed any light on it for you... in terms of confirming the actual boundary??
Click to expand...

I'm gonna give them a call tomorrow see what they say. The other "clue" is that our garden is paved all along the fence line. That paved area lines up with the side of the extension. The fence is next to rather than above the edge of the paving, so in cross-section it would be

MyGarden_PavedArea_Fence

and the a from Area lines up with the extension wall so it suggests the fence is across the boundary. Of course that doesn't mean it should be but it might be enough to convince the neighbour he owns a fence ;)

Wombat, no dogs just cats. We've got a dog though.
 
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How dear is it going to be, if 50/50 is not to expensive it is much better to have a friendly neighbour than antaganistic.........:shake:

When I moved in the fence was only 5 foot and I wanted a 6 foot fence for privacy.I offered to pay as I wanted it.

2 neighbours OK ,but am now at loggerheads with the people at the back.

As they flatly refused saying the liked to see what was going on.

So I built another fence on my land.................they are not chuffed........:suspect:

But I have my privacy :naughty:
 
Not looked into the costs but it's around 150ft long and 6ft high.
 
how old are the houses/plots? when were they divided?

Dont get too excited by land registry - they quote an accuracy of 18" on plans.

If newish houses then is the developer still in existance?
Are the fences on other properties the same? Howe old are the fences?
There may well be nobody with an obligation to maintain.
I would try and sort out amicably with the neighbour.

It is fairly common for things not to be properly defined. I am currently raking through maps and plans and legal letters going back to teh late 1800s over land in our village.

So far I have a landgrAB IN 1890, three roads which were illegally installed, a school with no legal right of access and two areas of ground that seem to have reverted to the crown (development which didnt split all the land among the new houses and the developer has since shut down)
 
hmm, just to put a spanner in the works the properties on the properties I've owned I've been responsible for the fence on the right hand side of the property as you stand on the road and face it. I think the only thing likely to clear this up is yours and your neighbours deeds. You may need to look very closely as these things aren't easy to read, let alone understand sometimes.
 
House was built in 1905. What should I be looking for in the deeds? The only referernce to the plot/boundary I could find was the rough sq footage and a very basic map of the plot.
 
pxl8 said:
House was built in 1905. What should I be looking for in the deeds? The only referernce to the plot/boundary I could find was the rough sq footage and a very basic map of the plot.
Click to expand...

Generally they are held by the mortgage company or if the house is
paid for it should be with you or your solicitor or even maybe your bank.
When we cleared out mortgage they were posted to us.
However now ( having tried to go through a couiple of failed moves) it would seem, according to our solicitor, that they are now all ( or nearly all) electronic. so a (your) solicitor should have access to them

in answer to your question, well sort of, all the houses we looked at localy
the left hand side fence, looking with your back to the house and looking down the garden was "yours" some of the back fences were and some were not, there didn't seem to be any logical reasoning behind that bit though
 
photon said:
Re: #5. If posts are on one side, I understood it that the owner gets the posts-visible side.
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There's no law regarding this. It has always been just a courtesy thing. Last year when a friend replaced his fence he gave himself the good side. When his neighbour grumbled about it he told him that if he wanted the good side then he should have paid for it, or put up his own fence next to it.
 
is there any other neighbours in the street (elderly tend to be more informed on this sort of thing as they normally been there for a long time) you could ask who arent involved?
 
Yes, the neighbour on the left whose lived here for 60+ years, she says fence on the left belongs to us, right is the neighbour.
 
id go with that, if they kick up a fuss, go down the road doing a survey;)
 
Just tell him you've checked the deeds and found that in fact you own his garden. See how quickly he puts a fence up then.
 
The costs involved if you get solicitors involved will make the cost of replacing the fence seem like the bargain of the century not to mention the hassles that could arise from neighbour disputes.
 
Absolutely, that's why I'm looking at anything that might say one way or the other whose fence it is before speaking to them. If it turns out it's mine I'll pay, if it's unclear I'll go halves, if it's there's they can pay. Can't say fairer than that :thumbs:
 
Nod said:
The costs involved if you get solicitors involved will make the cost of replacing the fence seem like the bargain of the century not to mention the hassles that could arise from neighbour disputes.
Click to expand...

Yip that is bound to be right.

I'd try to get the thing sorted out amicably. Once you start getting officious the lawyers get richer and you end up with a never ending war.
 
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