[Help] Fence dispute - who owns it?

[usernamed]

Right, so I’m in the process of selling a property (our former home), and such is the weather lately, the fence has gone and blown down in the wind. We found out after our former neighbour messaged my wife simply saying “YOUR fence has blown down”.

Now, having looked into who actually owns the fence and not having been able to come up with a definitive answer, I offered to organise getting it fixed and to go halves on the cost. Our former neighbour’s reply was rather curt, suggesting it’s our fence and they won’t be contributing.

Now, I’m not particularly fussed about the financial aspect - it doesn’t bother me. But, it to put it politely, this old neighbour of ours is a bit of a sour faced bitch, and on nothing other than principle, I don’t want to be paying for it if it’s not ours (either wholly or otherwise). However, I can’t quite work out on the land registry who owns what. Here’s what’s on there.

View attachment 145185

Essentially, it is the fence on the right hand side of our property, between 179 and 180, that has fallen down. To me, if anything, it looks like it is theirs, but how do I know for certain? Ultimately, if it’s ours I’ve got no qualms in covering the cost, however I want to be sure I’m not being done over by old sour face.

Thoughts and advice welcome!

As others have stated, you’re legally obliged to disclose any boundary/land disputes. Why give purchasers a reason to either walk away, or offer a lower figure. You’re out of there, get the fence fixed, move on.

However, if you have two identical offers on the table, sell to the people who are open about their love for all-night parties and Albanian Trance music.

 

[Bodian]

All these things are a nightmare, and the general principles we all think we know like 'look down, and it's the one to your left that's yours' or 'it's the side on which the posts are on is the ownership'. Unless it's actually written down in your deeds, then there's no hard and fast rule.

See that 'T' shape from the roadside boundary in #180's garden - the 'T' shape usually denotes in law which side the responsibility falls. Unless you are Tesco at the end of our road - where three walls all have 'T' shapes on them on the Tesco side. But their clever-dick lawyers now say that this is just a 'presumption' only. So they are refusing the maintain the 9m high wall without a party-wall agreement with the direct neighbours - which will cripple them, suddenly having to part maintain a huge wall that has been maintained for 100 years by the other side in pre-Tesco days!

Anyway - a fence is only for privacy really, so there is no requirement for you to replace/repair it at all. The legal boundary between the two properties still exists whether there is a fence there or not.

Oh - and generally, you 'fence against the highway'. So, if your boundary is against the pavement / road it will almost certainly be yours - as the only reason for it is to keep people out of your garden.

 

[dazzer6666]

Usual maybe, always, no, mine is to the right.

Same here

Maybe an obvious question, but is the fence attached to either property ? At the back of our house the RH side is attached to us, the LH side is attached to my neighbour's garage so responsibility is clear

 

[drew]

http://www.boundary-problems.co.uk/...TLY ASKED QUESTION,the right of your property.

 

[Harley S]

Out of interest, have you asked what 178 & 177 believe their boundary fence is ? Might be useful - or open up another can of worms for you !!

 

[Wrong-Direction]

I think it's on the left but I'm on the fence with this one.

Sent from my SM-A326B using Tapatalk

 

[Washie]

As you walk out of your back door facing away from the house, the fence on your right is yours, the left is theirs usually. and on that, it does seem to be the same.

 

[Shropshire Seagull]

I'd say it's your fence (#179 right?), otherwise, #180 is responsible for the fence/boundary on both sides of their property and someone on the run has no responsibility for a fence/boundary.

Give yer head a wobble fella.

Someone on the [end of the] run will have both left AND right boundary responsibility.
Everyone else will have one side boundary responsibility - not possible [bar legal exception] for anyone to have no side boundary responsibility.

 

[Baldseagull]

Same here

Maybe an obvious question, but is the fence attached to either property ? At the back of our house the RH side is attached to us, the LH side is attached to my neighbour's garage so responsibility is clear

Terraced house, fence both sides runs up to the house and is attached.

 

[Seagull58]

If its a terraced or semi detached property and its the rear garden fence we are discussing, the usual rule is as you look out of the back of the house down the garden the boundary to your left is yours.

Yes, that is certainly how mine works. I maintain the fence to the left and my neighbour on the RHS maintains the one to my right as I look down the garden from the back door.

 

[Icy Gull]

As others have stated, you’re legally obliged to disclose any boundary/land disputes. Why give purchasers a reason to either walk away, or offer a lower figure. You’re out of there, get the fence fixed, move on.

However, if you have two identical offers on the table, sell to the people who are open about their love for all-night parties and Albanian Trance music.

The OP lives next door to Harry Wilson’s Tackle

 

[Seagull58]

As you walk out of your back door facing away from the house, the fence on your right is yours, the left is theirs usually. and on that, it does seem to be the same.

Mine is the opposite to this and I understood mine was the usual way.

 

[disgruntled h blocker]

The "fence to your left is yours" is an old-wives tale - it really depends what it says on the Deeds etc. If it's a new development it's more than likely shared between the both of you.

 

[Seaview Seagull]

We had this kind of problem last winter. Fortunately we were able to make an amicable arrangement to share cost and everyone in the road did the same. Of course we then had to accept cost of other side fence because we have corner plot.

 

[zefarelly]

All these things are a nightmare, and the general principles we all think we know like 'look down, and it's the one to your left that's yours' or 'it's the side on which the posts are on is the ownership'. Unless it's actually written down in your deeds, then there's no hard and fast rule.

See that 'T' shape from the roadside boundary in #180's garden - the 'T' shape usually denotes in law which side the responsibility falls. Unless you are Tesco at the end of our road - where three walls all have 'T' shapes on them on the Tesco side. But their clever-dick lawyers now say that this is just a 'presumption' only. So they are refusing the maintain the 9m high wall without a party-wall agreement with the direct neighbours - which will cripple them, suddenly having to part maintain a huge wall that has been maintained for 100 years by the other side in pre-Tesco days!

Anyway - a fence is only for privacy really, so there is no requirement for you to replace/repair it at all. The legal boundary between the two properties still exists whether there is a fence there or not.

Oh - and generally, you 'fence against the highway'. So, if your boundary is against the pavement / road it will almost certainly be yours - as the only reason for it is to keep people out of your garden.

our south side, left ( from the kitchen) is ours, if you measure, or look carefully, you can see its our side of the centreline between the 2 houses.

the north side is interesting . . . . detached from us, it runs into the house next door, It is I believe a shared wall, in the garden, and it also forms the rear wall of the garages in the yard at the back of our plot, of which we own a few. all three built 50-6- years apart.

 

[Billy the Fish]

Right, so I’m in the process of selling a property (our former home), and such is the weather lately, the fence has gone and blown down in the wind. We found out after our former neighbour messaged my wife simply saying “YOUR fence has blown down”.

Now, having looked into who actually owns the fence and not having been able to come up with a definitive answer, I offered to organise getting it fixed and to go halves on the cost. Our former neighbour’s reply was rather curt, suggesting it’s our fence and they won’t be contributing.

Now, I’m not particularly fussed about the financial aspect - it doesn’t bother me. But, it to put it politely, this old neighbour of ours is a bit of a sour faced bitch, and on nothing other than principle, I don’t want to be paying for it if it’s not ours (either wholly or otherwise). However, I can’t quite work out on the land registry who owns what. Here’s what’s on there.

View attachment 145185

Essentially, it is the fence on the right hand side of our property, between 179 and 180, that has fallen down. To me, if anything, it looks like it is theirs, but how do I know for certain? Ultimately, if it’s ours I’ve got no qualms in covering the cost, however I want to be sure I’m not being done over by old sour face.

Thoughts and advice welcome!

When I lived in a terrace I was in the exact equivalent of 180.

It specifically said in the deed that party walls to the bottom and left were that owner's responsibility.

My new house doesn't mention it, I thought that meant it is shared.

 

[Balders]

I can confirm that your fence responsibilities, if shown, are on the plans of the Title Deed. My other half was selling her late Mother's terraced home and replaced the fence on the left prior to putting it on the market (because convention says that your fence is on the left in the majority of cases as born out on here!) Once she found a Seller, she was sent said plans and the fence on the right was her responsibility - you live and learn ;-)

 

[PILTDOWN MAN]

If you're selling it surely you had to answer such questions to the solicitor and if not it will be in the deeds.

 

[MJsGhost]

Give yer head a wobble fella.

I blame lack of sleep due to a teething 10 month old!

 

[juliant]

As someone who had 19 years of living next to a sour faced pratt i had to with several disputes its not worth the hassle .

Just put a cheap fence in and paint it with a lovely bright colour so it seeps thru to her side . I did .