Which garden fence belongs to me?
 

As the title says really. Is it always the one on left or right or is there another method of deciding?

Thanks

Rule of thumb the one with the fence posts on your side, if posts are between panels then the one on the left (as you look out the back of the house) is usually yours - deeds check will confirm mate:)

The only way to be sure is to read your deeds. If it doesn't tell you in there, then it's a matter of reaching amicable agreement with your neighbours. For example, we own the fence to the right of our house and the rear simply down to the fact there are no houses that share those boundaries but ownership of the left fence is not mentioned at all.

True, you do need to check your deeds

I think I own the left and my neighbour owns the right but Im not 100% sure

On our deeds it states we are responsible for the left hand side, as we look at the front of our house. If yours doesn't state, perhaps you might be able to talk with your neighbours to see what their's says. In the past neighbours round here are lovely and we used to come to an agreement and go halves anyway (which is nice)

Our new neighbours, as their deeds do not state who is responsible, they seem to think we are responsible for half of the right side as well as they are saying it is a shared boundary. The neighbours before them never knew what they were responsible for and the ones before that knew that is was there responsiblity. So where do you stand with that?

Tracey

Always check the deeds

for £3 you can download your own house with the boundary ownership marked

http://www.landregistry.gov.uk/www/w.../FindAProperty

:wonder: hang on

You said it was nice when neighbours shared the cost and then you go on to say the new neighbours think you should share the cost as if that's wrong ??

So its ok for your neighbours to help with the cost of your fence but not for you to help them with theirs :lol1::lol1:

As folks have mentioned already check your deeds but as a general rule of thumb; as the owner of the fence you have the ugly side (fence posts, etc) and your neighbours get the best side.

Wolfie.

Didnt realise you could do that, although after clicking on the link you cant on a sunday, only mon-sat 7am till midnight :D

never understood why not sundays - can only assume they are uploading :)

you are not limited to your own property you can do it for anyones !

Dave,

Pimmo,

OK perhaps I didn't explain myself to well.

We are responsible for the left hand side according to our deeds, which we are quite happy to maintain. The neighbours on that side were an elderly couple (now one has died) and have always insisted on sharing the cost, they won't take no for an answer. But I don't expect them too.

The neighbours on the other side about 13 years ago, moved in, they were struggling with money and as both of us were starting our families, we thought it would be good to put up new fences to ensure the safety of our children. They couldn't afford to buy fences so we bought the whole lot and we put them up, as a goodwill gesture, which they were happy with (who wouldn't be). These neighbours always knew they were responsible for those fences.

Since then, another set of neighbours who moved into that house and have since moved on, stated when they sold that house that they didn't know who was responsible.

(very long story, cut short, believe me this is a short version) Then the current neighbours who have moved in, started off ok, saying hello etc. then we put in an application to the council for a new double garage, which they objected to because of light in their garden for sunabthing and their plant life. The planning was approved despite their objection. We wrote a nice letter asking for permission for our builders to come onto their land in order to build the garage. They sent back asking loads of questions about times builder would want to access etc, so I wrote back explaining. Then as a previous occupant of that house had removed fence panels next to our old existing garage, these neighbours wanted some fence panels put up once our garage was built and wanted us to go halves, which we agreed. Then they started getting greedy and insisted that our chidlren had recked other panels up the garden with balls, they hadn't they were in that state when they moved in. Cutting out aload of nitty gritty, they ended up trying to charge us for more than the agreed amount of fence panels and also trying to charge us for a thick post they had put up a year before in which to hang their brand new gates which back out onto the lane, trying to say that the previous post was rotten. Well they never replaced it with a like for like £8 post from B&Q, they put a £33 post strong enough to hang gates on. And alot more hassle than that.

So I really don't mind sharing half of the cost of fence panels with that neighbour, but I will not have them trying to rip me off. They are not willing to discuss, as I have asked them to meet with us and talk about it. Letters have been going back and forth between us for the past year. They have insulted my family and been watching my family, stating what times my husband comes home from work (he is self employed) not that it has anything to do with them. Watching us when we go out, come home. I could go on.

One thing he did say one day was that in the past he has been advised to put everything, as I gather in the past he has had a bad experience somewhere else, so I can see his point to a certain degree.

When it suits them the fence belongs to them. They have some sort of plant growing all along the top of the fence and they would not be able to do this without our permission if it was a shared boundary. They can't have it both ways.

All we are trying to tell them is the fence belongs to them not us, it doesn't mean to say we are not willing to maintain the costs with them. We are open to discussion but will not be taken for a ride.

Tracey

PAS,

Maybe the problem started when you wrote them a letter about the builders when you knew they'd objected. Did you talk to the nieghbours before putting the application in? Did you talk to them before writing the letter?

I've never applied for permission, but on 2 occasions I've had neighbours come and explain what they wanted to do before they even applied for planning permission and to see if I was happy with it. You can't beat that approach.

Yes we did let them know. When they first moved in, I explained that we were putting in an application for a big garage, as we wanted to get the van off the road and park it in the garage. So I said they would receive a letter from the council once they go in. They never asked any further questions about it at that time.

When they received the letter (we have since found out) they rang our architect asking questions about sizes and movement of the new garage coming back into our garden moving it closer to the house. The garage was never being moved further into the garden and they claimed it was going to be 6 metres high, which it never was. If they had asked us exactly how tall and where it was going to be, we would have told them. They just submitted an objection without talking to us. We found out when I went onto council website and see he had made an objection. We got the message then that they were clearly unwilling to talk to us.

This is my point, I am willing to talk to them but they don't seem willing to talk back. I find it easier to explain something to someone in discussion rather that put it in writing in a letter to them. If you talk you can ask direct questions at the time. Even while all these letters were going back and forth, I approached him and I tried to ask him things, but he wasn't very helpful.

Definitely check your deeds as I think the thing with having your own fences is mainly on newer houses.

Our house ( 1960 ) has it in the deeds that all fences are jointly owned with whichever neighbours they are shared with. Not an issue as we get on great with the neighbours we have them in common with, but could be a real pain if you didnt with one of them.

I can't find the deeds! I have the land registry thing with the boundaries but I can't tell from that which fence belongs to who!

you are looking for a shape like a T on its side

http://www.boundary-problems.co.uk/tmark.gif

Boundary Problems

I've got the same problem. The left hand fence at our house is quite new and has the posts on my side and is attached to my house. This as far as I am concerned indicates that this is my responsibility.

On the right hand side is a load of conifers which need regular cutting to keep them to a good height. My neighbour insists these are my responsibility even though they are not "attached" to my house.

I can't be responsible for both, can I?

My neighbour keeps saying they are my responsbility, but I've looked on my deeds and there is no "T" on any of the boundaries. The only thing that says the right is our responsibility is the document the previous owners filled in.

Is that legally binding? Cos it's surely just "in their opinion or knowledge."

think so - "If the deeds are silent on the question of ownership of the boundary then you may have to work on the basis of the information given in the seller's property information form by the vendor at the time you bought your property."

might be best to take advice and then get the deeds updated.

Thanks guys I'll have a look for the T marks when I go home.

Grrr! This is so bugging. I really don't feel it is my responsibility! And I think they only put that down on the selling info because my neighbour has been saying it!

But this will allow you to take ownership - including cutting them down if you want to .... bear that in mind for the future ... a little maintance now to own the line and you may be able to do want you want in the future

Why would I want ownership? That just means money!!!

I haven't got the £500 or so it's going to cost to get a new fence, so that's why I was hoping it was someone else's responsibility!

:(

LOL --- so if your neighbour takes ownership - cuts them down and replaces them with a 2ft high fence, you would be happy :D

She insists they're mine, so that's unlikely. But saying that, she did say she would be happy not to have any fence at all! No way jose! But if she ripped out the conifers, and refused to replace with anything, I'm sure I could come up with some reddies.... I just hate the damn trees! She's quite lonely as well, so would love nothing more than to have me to talk to over the "fence" all day.... :freak3:

if your registered title doesn't say (and it usually won't as fences come and go), there is no rule. it's all initially down to whoever built the houses and who they gave ownership of each fence to

over time fences will fall down or get replaced. whoever replaces them then becomes the owner. it's that simple. i own the side fences to my garden as one was put up by the former owner and i replace the other when it came down in high winds (as the house next door was unoccupied for about 4 yrs and i didn't know how to contact the owners)and my neighbour who backs onto our owns the end one.

often youu will find that one person wants to replace a fence but doesn't own it, so they ask the owner and if they agree, the old fence usually comes down and the new one goes up. in other situations, people just stick new fences up next to the old ones if they don't have a right to remove the old one.

you should try and find the standard replies to enquiries from when you bought your houuse. that will tell you who your seller thought owned which fences. compare this with what your neighbours say and take it from there.

Although of course these days people like to give the ugly side to their neighbours when replacing a fence!