our boundary but neighbours f ence

[Mattk]

The boundary is ours but the fence partially along one side( 2-3 panels) was put their by our neighbours and it is clearly on their side of the boundary.

That section is falling into a state of disrepair. Whos responsibility is it?

[Rollo]

I don't understand why you say it is "our boundary". The boundary does not belong to either of you - it is just a boundary.

As to the fence, you need to consult the property deeds to see who is responsiblr for maintaining the fence.

[Ethel]

Anything on their side of the boundary, erected by them, is cearly theirs. However, unless it is dangerous - they need do nothing - they can take it down altogether if they wish.

There is nothing to stop you putting your own fence up on the boundary, or on your side.

[ethandron]

this is exactly what the owner of a newly built house at the back of us did. the original fence is 6 ft high, and when the new people moved in they erected a slightly higher one on their side to prevent each of us being able to stare into each others eyes as we toiled at the kitchen sink!! suits both of us and we each maintain our own fence. problem solved.

[Mattk]

rollo the boundaries on all 4 sides belong to us ie it is up to us to maintain them. when we bought the house, the land registry gave us a highlighted photocopy of our property showing which boundaries were ours.

so although the fence on this particular side is ours the final few panels have clearly been replaced on their side of the invisible boundary as the ground seperates into two levels and the fence is on their lower level and then butts up against their post.

thanks guys.

[buildersmate]

Sorry, Matt, no-one 'owns' the boundary - its a boundary. What those marks on the LR Plan shows that the original (developers) fence erected approximately on that boundary is owned by X or Y. It doesn't prevent someone on the other side putting their own fence up, as Ethel says. There's no obligation on you to put a fence up, you do own the existing fence, could maintain it, could let it fall down, could replace it with another one in the same place. Its up to you.