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Fence ownership

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pookiebare | 10:54 Tue 04th Nov 2008 | Civil
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I am not too sure who owns the fence in my garden which is on the right hand side as you face the front door. However, my neighbour has removed the fence and started building a new one, I had to stop them from continuing the building as they were a foot into my back garden. You see, from their side of the garden, the fence was being pushed down to our side because of their pond and other things leaning against the fence. Anyway, part of their pond is actually leaning into our garden and they've decided to build a fence around the pond instead of pushing it back into their garden and the fence is a foot in to my garden. Also, since they took down the fence and started rebuilding, i need to know who will be responsible for that fence even if it turns out that i may haved ownership of the fence.
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i will be on your deeds (or depending when it was built, plans), marked by a red T if you own it. if you dont have access to your deeds, ask them to show you their deeds showing that they own it. my house was built in the 60's and we go the plans from the local council. orwhen you bought it there may have been something you recieved then
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I think what i really need to know is now that they've taken the fence down (even if it's mine) have they claimed responsibility for it? I have pic but don't know how to download them. it would be easier if people could see what i actually ment.
any ideas of how i can put pics on here
you could post them on a webhosting site, such as tinypic or photobucket, then put the link here - the picture wont appear but people will be able to see it if they chose to click the link. Do you mean have they claimed responsibility of the puled down fence?
If the boundary id theirs to maintain, there is no obligation on them to even have a fence up, and they could just leave it down if they wanted to. If the boundary is yours, there is nothing stopping them putting up a fence on their side of the dividing line, as long as it dosen't encroach onto your land. Before you start complaining to them, you need to be very sure what is your land and what is theirs
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my garden is on the left, those concrete blocks have been put up by my neighbour
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From the look of it it doesn't realy matter who owns the fence or should maintain it as even if it is your responsibility as has been said he can build another on his side.

However it does appear that he has gone onto your side as the first picture would indicate that his new fence doesn't fall in line with the excisting fence.

Check your deeds and get him to put the fence back to where it should be. If he has to move his pond then so be it.
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that is what i thought... thanx for your help. in the first pic-the last three polls should be closer to the building...
i'll have to get a solicitor
you might not have to get a solicitor - try reasoning first
Well I'm no expert but from the picture it definitely looks like your neighbour is trying to pull a fast one! As others have said the new fence is not in line with the old one. It looks to me like he has just decided to extend his garden courtesy of you! The cheeky sod!
Hi If you go on the land registry site for your property
you can download a copy of your or anyones deeds for �3
then you can look up fence rights
I hope this helps Dave G
speak to your local planning authority, they will come and look at it for you and can explain everything to you, also if he is putting in concrete to hold the posts he needs planning permission
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The problem has been resolved.... thanx for all your responses

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