Can anyone help with a dispute problem please. Where two houses facing each other, and the bottem of their gardens meet, who is responsible for the fence in between the two properties. Thanks in advance
- posted
13 years ago
Fence dispute
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- posted
13 years ago
There are generally 2 ways of sorting this out.
The easiest, is whoever can see the fence post on their side of the garden, owns the fence. This won't work if the fence has been taken down and re-erected the wrong way round though.
The specific and exact way is to get a copy of the deeds. If there is a mortgage on you property, you can get this from your lender.
Failing that, ask the Land Registry for a copy. They do charge.
The deeds will mark the boundary fences with a letter T to denote that the deed holder owns the fence.
Dave
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- posted
13 years ago
The title deeds _should_ state who is responsible for party fences/hedges/walls.
Most recent practice is for equal responsibility, so, even if you can't stand your neighbours it Really does pay to grit your teeth and arrange for maintenance on a shared basis. Realitistically this is the only way forward. The fence is as much to separate A from B as B from A.
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- posted
13 years ago
No way to say without deeds etc.
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- posted
13 years ago
I have a similar issue here, detached property but three shared borders and neighbours to negotiate with. The upside is for me at least, is that the presented or most aesthetic side faces all my neighbours, so I shall be bargaining that they pay a larger percentage of the replacement costs.
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- posted
13 years ago
My deeds are silent on the matter. My solicitor advised joint liability likely, and in case of dispute, consult a solicitor ;-)
Rob
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- posted
13 years ago
Look up the Party Wall Etc Act.
NT
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- posted
13 years ago
Look up the Party Wall Etc Act.
Why? It is not applicable to fences. Take a look here for some detailed advice about garden law in general and boundaries in particular.
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Crosland
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- posted
13 years ago
It depends whose fence it is. Fences are usually, though not always constructed with the posts on the side of the owner.
Also relevant is whether the fence was built on the boundary, or entirely on one person's side of it.
Deeds may give some indication. Knoweldge of who built the fence would help.
I suggest you go here:
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- posted
13 years ago
My deeds refer to Ts but there are none on the registry office version or the deeds I inherited which go back to the initial sale of the land and construction.
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- posted
13 years ago
thanks for the replies, they have helped alot, given me food for thought.
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- posted
13 years ago
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It's worth remembering that fences may have been renewed from time to time so that any visual indications such as those suggested in other posts may no longer be true indicators.
If you're in dispute it would be worth considering a very formal letter (Recorded Delivery) to the other party telling them what you're planning to do or asking them to do the necessary. Even if you don't get on with your neighbours you're entitled to know their intentions to resolve this kind of dispute.
Cic.