Boundary Fence

[marje]

Hi,

I've put this in Law as I'm unsure which category it should go in. My apologies if it's wrong.

My son owns the house he lives in, it is backed onto by council property. There's no fence between his property and the council property. My question is whose responsibility is it to erect a fence, the council, my son or is it a joint thing. He's having people dump rubbish in his back garden due to there being no fence and is understandably annoyed by this.

So... before he contacts the council does anyone have an answer so that he can at least have some inkling about who has responsibility.

Tried Googling but no joy.

Thanks.

[heathfield]

It's not a joint thing unless an agreement is reached between you and the adjoining property holder to, e.g., share costs. Anyone can erect a fence on their own property. There may be height restrictions under local council regulations, so it is best to check with them.

[marje]

Thanks Heathfield, that makes sense. My son was told by someone else that it was the council's responsibility but I think he needs to ring the council to make enquiries.

[woofgang]

If your son wants to keep people off his property, then he needs to put a fence up, its as simple as that.

[cassa333]

The deeds to his property will establish whos responsibility it is. It will show a T on the inside of any boundary he has responsibility for. Although owners don't have to erect a fence if they don't want to.

If it is the council then ask them to put one in. If it is his then it is up to him.

There are bylaws to restrict height especialy on highways facing property.

[twix123]

It should be indicated by 'T' markings on his deeds as to where the boundary is, and usually who owns, and is responsible, for any fencing, although no one is obliged to maintain their fence; but as woofgang mentions, if your son wants to keep people off his property he should put up his own fencing.

[marje]

Thanks for your replies. There's been no problem with trespassers and fly tippers until recently. I'll tell him to look at his deeds, it's up to him then.

[woofgang]

cassa that isn't always the case and if there is no fence then the council don't have to put one up regardless of any markings on the deeds. The do have to keep any fencing that they own safe and they can easily do this by removing it.

[cassa333]

Woofgang, that's why I said ask them (council) rather than tell them to put one up. And of course my comment that the owner doesn't have to put one up if they don't want to reiterates that :)

[woofgang]

cassa, nobody has responsibility for a boundary and the OP has already said there is no fence.

[joko]

there is no obligation for the to put a fence up, they are not the ones having a problem with it.
its down to your son, as he owns his own house

[EDDIE51]

^^ Agree with above, fences are not mandatory no one 'has' to put one up. If he wants a fence then he puts one up.