Fence Responsibility

[mybutty]

my neighbours fence has blown down and he says i am responsible. i looked at the map from the land registry my property is outlined but the ''T'' that shows what side is yours is not there, how do i find out which side is mine?
thank's for any replys

[RATTER15]

I imagine it would also depend if the fence is on your property, the neighbours or bang in the middle.

If your neighbour puts up a 6 foot fence on his side and on his land will you be happy to maintain it?

[mybutty]

it's the dividing fence between rear our gardens

[woofgang]

There is no absolute way of knowing unless you have got documentary proof eg a bill for the purchase of the fence. Note that it is also legally possible to take on responsibility for a fence, and you may still not own it, by regularly maintaining and mending it!
Here is a useful website although note that much of what they say is prefaced with “usually” or “often”
http://www.boundary-problems.co.uk/boundary-problems/fences.html
I would counsel you to avoid disagreement with your neighbour igf its at all possible as it can lead to problems when you come to sell.

[tamborine]

Whoevers side holds support struts is responsible for fence.

[RATTER15]

"it's the dividing fence between rear our gardens"

I understand that, but is it directly on the boundary or slightly one side or the other?

If only life were so simple!

[bhg481]

There is no obligation on either of you to replace the fence, nomatter to whom it belongs, unless one of you has animals that should not be allowed to stray on to the other's property.

[ladybirder]

Tambourine // Whoevers side holds support struts is responsible for fence. \\

No true. I own all three fences in my garden and only one has the struts on my side but all three are denoted with a T as being mine.

[Fitzer]

If you've got the 6 quid to spare download the map of your neighbour's property from the LR and see if the T is on theirs, it would at least give you a starting point for your discussions. As per Woofgang it's always best to avoid disagreements with neighbours as not only does one have to live near them but you have to declare them if you sell your house :-(

[Old_Geezer]

Tell him that you are not responsible, as it's not your fence; and inform him that no one has a responsibility to mark the boundary with a fence anyway.

[fiction-factory]

You start the post by saying it was your neighbour's fence, mybutty. i'm wondering why you think it's his fence and therefore why there is any doubt as to who is responsible for it- unless it is accepted that he built it but put it on land for which you feel might belong to you

[ummmm]

My neighbour made our dividing wall higher, with our permission, if bricks started falling off I'd expect him to fix it.

[pega]

It is a fact that post are on side of who is responsible to erect a fence
have you got a fence the other side ? if so where are the posts
I had problem with rented property next to me with broken fence I
informed council and enforcement office made him put up a new fence the
post are his side my fence is the other side of garden is mine.
Try your council who will advise you surely you want a fence to be private

[bhg481]

It is NOT a fact that the posts are on the side of who is responsible for the fence. If you wish to erect a fence on your land you must ensure that the posts are within your boundary. You can then fix the fence to whichever side of the posts that you wish. If you want the fence to look nice on your side you can fix it to your side of the posts (you will lose a strip of land the thickness of the posts); most people choose to retain the strip of land and fix the fence to he other side of the posts.

[ladybirder]

Pega, you are wrong, see my post at 10.37.

[johnny37]

I used to deal with this type of dispute when I worked for the local council. The answer we gave was what side is the 'face' of the fence? On the basis that you would rather look at the nice side then it is yours. Cant recall this advice causing any probs. Not sure what relevance the deeds have but mine have no mention of who owns or maintains the fencing. I suggest you come to an amicable solution as boundary disputes can be very expensive.

[woofgang]

such a comfort to know that the council dishes out correct information

[ladybirder]

Isn't it just!!