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Garden Fencing

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eddiek | 20:45 Thu 19th Mar 2015 | Property
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back garden has fence each side. how to tell which is my responsibility
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Which sides are the posts on - or ask your neighbours?
This question has come up countless times on AB. The simple answer is that there's no definitive answer.

However there's a convention (NOT a rule!) that house-owners construct their fences with the posts on 'their' side, so that's a good starting point.

It's also worth remembering that 'ownership' and 'responsibility' aren't synonymous. You might, for example, own a fence that's falling down. Unless there's a relevant covenant in the deeds to your property (requiring you to maintain the fence) there's nothing that obliges you to fix it. If your neighbour complains, you can simply take your fence down (or invite him to do so) and say "If you want a fence, then you put one up. I can't be bothered with it".
Just to add to what Chris has said, if the fence is dangerous, ie sticky out rusty nails etcet; if an injury occurs then it will be the fence owners fault, but the prevention measure might still be to remove the fence not repair it.
I was always of the opinion that, standing with your back to your house, the fence to the left is yours.
JK its not that easy! I have got a C shaped garden with fencing on three sides and a tiny bit behind my garage whose side wall forms part of my boundary. The only piece of fencing that I own is the tiny bit behind the garage which can't even be seen from the house! most of the rest of the fencing predates my house and is owned by the people whose gardens border mine. The remaining bit is owned by my neighbours whose house was built at the same time as mine and whose ownership is confirmed by the deeds....and that piece is on my left as i stand with my back to my house!!
I gather, looking at your house from the front, the fence on your left is the neighbours. I will be corrected if wrong I'm sure.
You're wrong, TWR, it varies.
I'm not sure, I'm sitting on the fence! Sorry, couldn't resist!
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tuvok Thanks for your help but posts are concrete with slots so no side applies also to complicate matters next door is owned by some sort of housing trust and cant get details . seems like a can of worms has been opened
Convention says the one on the right as you look out from the property. Best way is to check the Deeds. It can be complex, we have a 3ft wall at he bottom of our garden with a 6ft wooden fence on top. The wall is owned by the chap the other side, the fence is ours !! (Deeds don't always help)
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kick a hole in it, you'll soon find out who owns it ...


Only joking.
Should show your fence on the deeds

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