[Help] Fence dispute - who owns it?

[Elbow750]

Does the fence have posts? These will be set at the boundary line, and the rails set so that the fence boards/panels are also right on the boundary.

Posts are usually wider than the fence panels so the flat (neat) side of the fence faces outwards to face your neighbour. Your side will have the posts clearly visible. But this way you get to have as much of your land available to you to use. The person who puts up the fence is responsible for it. If you put up a fence you will want to keep as much of your land as possible so convention is if yo can see the posts you own it.

 

[Eric the meek]

Does the fence have posts? These will be set at the boundary line, and the rails set so that the fence boards/panels are also right on the boundary.

Posts are usually wider than the fence panels so the flat (neat) side of the fence faces outwards to face your neighbour. Your side will have the posts clearly visible. But this way you get to have as much of your land available to you to use.

Not necessarily.

When the landlord who owned next door, refused to go halves with me on a fence, I built the new fence on my side of the existing old, delapidated fence, so that the old concrete posts remained as the boundary.

 

[LamieRobertson]

Plant a hedge…a prickly one

 

[Elbow750]

Not necessarily.

When the landlord who owned next door, refused to go halves with me on a fence, I built the new fence on my side of the existing old, delapidated fence, so that the old concrete posts remained as the boundary.

Ah but you lost a small part of your land that way. OK if its a big garden but on a small terrace in town in I'd always want to keep all my land.

Going back to the OP. If the neighbour doesn't accept its her fence basd on posts and rails I'd keep the post holes in the same place but reverse the fence thus grainìng a few inches of her garden. Except, if you're selling then it isn't worth risking a sale for a boundary dispute. Fix it and move on.

Karma will come around in the end.

 

[peterward]

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!

Obvs dont know the specific rules of your house, but I had similar with the neighbours with a shared fence and the normal and most common land registry split, is that the fence on your right is theirs and the fence on your left is yours.....but that isn't always exclusively the case.

We couldnt be sure so went 50/50

 

[clapham_gull]

We have special local legislation up here that states that I fix and pay for the fence irrespective of who owns it.

My neighbours are of the view it greatly simplifies thing.

 

[Mackenzie]

Yeah so I hope that’s cleared it up for you [MENTION=17745]Poojah[/MENTION]

 

[Westdene Seagull]

Not read the whole thread but if I've read the map correctly then the fence is probably yours. 90% of the time the right hand boundary as you face your house from the road is yours.

That said, there is no legal obligation for you to actually mark that boundary with a fence, a hedge or indeed anything. Just get rid of the fence entirely !

 

[WATFORD zero]

We've always shared the costs of replacing fences 50/50 with our neighbours to our right and the neighbours who adjoin half the fence at the bottom of the garden as it just seems right. Unfortunately there are no neighbours to our left or the other half of the bottom. I have just realised that means I'm responsible for 75% of the cost of my fences

 

[Jeremiah]

Buy a nice new fence and after the sale has gone through take it with you as "it's yours".

No on second thoughts that is not a good idea as your buyers would suffer.

 

[The Albion Roar]

Put in a 20ft high fence.

It's yours.

 

[Weststander]

It's a myth that the fence to the left is your responsibility, there is no such general rule.

Around here, it's to the right.

Check out the plan with the title deeds to check for the little T's - where on your side, that fence is your responsibility.

Good idea from an earlier poster about checking a few doors along to check the pattern.

 

[Baldseagull]

I would tell your neighbour that you don't mind if there is a fence there or not, but that if she wants a fence there you will go halves, if not, you are happy to leave it open.
Or whack in a couple of chestnut posts and string two bits of wire between them.

 

[Super Steve Earle]

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!

Fix the fence yourself. Your main objective is to sell the house not get the neighbour to pay for half a fence. That means the fence needs to be fixed first and you can afford it. You don't want to conceal a neighbour dispute or declare one. The neighbour won't pay.

This is not a choice here and if you are being done over by old sour face, you still have no choice. Everything else is just wasting time and energy. It won't change the outcome. Fix the fence, sell the house and move on.

I sometimes think I should be a lifecoach

 

[clapham_gull]

My garden in sunken and wall wall all the way around the outside.

None on the fences belong to me, they are all behind the wall albeit rising a good 5 feet.

Fence blows down into my garden, so I go next door - I've only moved in a few months.

Through a ****ing intercom >>

Hello your fence has blown down.
- Sorry ?
Your fence has blown down.
- Who are you ?
Your neighbour next door.
- We don't open the door to strangers.
Ok your fence has blown down - don't worry I'll tie it up.
- How do you know it's my fence ?
It's in your garden.
- I will have to check the deeds.
Not sure they will tell you anything, don't worry I'll get it fixed.
- They will need access to my garden.
That's right it's your fence.
- When will they be coming ?
I don't know yet.

Silly sod. A few years later the front fence (not mine !) blew down, now this is very large Victorian property split into purpose built large flats, always was.

The fence is on a large shared area at the front. He doesn't own it - I know and the freeholders are a waste of space.

So over I went, dug some holes for some new posts and then went to the pub for lunch, planning to finish it the next day.

When I came back the silly sod has filled the holes in.

 

[dejavuatbtn]

Should be specified in the deeds of the property. Where not specified the boundary would be shared. A not so reliable pointer would be if the Arris rails are on your side of the fence (normally the Arris rails are on the side of the owner - despite it being the cruddier side).
Not worth falling out over as, as has been pointed out, you don’t want a dispute with a neighbour when selling. You can always go for a cheap replacement option with, as others have suggested, a gritty looking side for your neighbour’s vista.
Good luck.

 

[WATFORD zero]

 

[PILTDOWN MAN]

I have 30 rolls of this fencing. I used it to fence around our fields. If you want a roll, it's yours.

 

[kevo]

Just put this up.

 

[South Stand Bonfire]

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!

Not 100% certain but I though the fence posts and supporting rails were on the side of the person who owns it? Can you check if anything is written in the property deeds?