Garden Fence Ownership

[Mark Trueman]

Hi,

If possible I would like an interpretation of this paragraph, which appears on my deeds/transfer of sale documents (?) as I am hoping to change the fence in question soon

"It is hereby declared that the walls and fences dividing the property herby transferred from the adjoining property on the west side shall be party walls and fences and are maintainable and repairable as such"

What implications does this have if i want to replace the fence? Not sure who, if anyone, has to pay or replace the said fence to be replaced. Its not badly damaged, but is old and really needs replacing

Thanks in advance

Mark Trueman

[Peter Crosland]

Take a look here

here

you will find most, if not all, of the answers. gee six jay en [e-mail]

Replace the words with the numbers

[Peter Taylor]

Mark Trueman wrote

The Party Wall etc Act 1996 does not apply to wooden fences, only to walls, so I guess this paragraph in the deeds defining the walls and fences as "Party" was probably drawn up prior to the Act coming into force. It was probably intended to mean at the time that the cost of maintenance and repair of the walls and fences in question should be shared by the two adjoining owners. As far as any walls are concerned, the terms of the Act now take precedence over whatever it says in the deeds, but for any fences the intention of the deeds to share the cost probably still applies.

So, my view is you probably have the right to expect the adjoining owner to share the cost of repair/replacement of the fence, but you do not have the benefit of the rights conferred by the Party Wall etc Act. If he agrees to share the cost then there is no problem, but if he objects for any reason or refuses to pay, then you only have common law on your side and you will need to decide whether to pursue it further, via a solicitor or small claims court.

HTH Peter

[v155]

Hello,

Split it with your neighbour! Mine bought a whole new fence after his alsations smashed it down chasing someone that tried breaking in which was really funny. Good job they were hungry, although a pair of jeans isn't good for their diet!