PARTY FENCE QUERY

[Hellywells]

My neighbour has informed me that she intends to replace the party fence between our properties and cover the full cost herself and asked if we had any objections. I said no and that the workmen were welcome to come onto our property to complete the work if needed. I know the procedure if she wanted us to pay half, written proposal and give time to reply ect. I am just wondering if I should get her to put it in writing so there is no comeback on us regarding payment. We would not pay if asked as there is nothing wrong with the fence that is there. As she is footing the bill does that mean that the fence then becomes hers or does it remain a part fence and do we have no say about materials used ect?

[NazNomad]

It's a party fence, but who owns it?

[grasscarp]

How to go about getting the information on whose responsibility the fence is here
http://www.gardenlaw.co.uk/boundaries.html

[alexanderd]

I believe, though I am sure some of the legal eagles can either confirm or deny , in the case of a party fence it depends where the posts are situated as to who can claim ownership

[NazNomad]

"in the case of a party fence it depends where the posts are situated"

Having the good or bad side of the fence is actually irrelevant to the ownership.

[murraymints]

I would concur...whose land the posts are on is deemed to be responsible owner and has to see to maintenance etc. although you can paint your side.

[NazNomad]

"whose land the posts are on is deemed to be responsible owner "

Nonsense, sorry.

[murraymints]

as one who only in recent months had two fences of 130feet long erected I know I am right...in Scotland anyway !!!

[Berkshirelad]

You certainly cannot paint your side of somebody else's fence.

In fact, they can paint it however they like - even if you don't like it.

A party fence is highly unusual - at least in E&W. It is more likely a boundary fence pwned by one party (and the deeds may show who - marked with a T)

[Hellywells]

As I understand it a party fence is as the name suggest the responsibility of both parties as regards repairs/replacement and is directly on the boundary hence my query as to whether that remains the case if she pays the costs

[mark01]

The only way to tell who is responsible for the upkeep, renewal of the fence etc, is by looking at your title deeds where ownership of boudary fences will be shown.

[murraymints]

and ...if the posts holding the fence are in your side of the boundary line..it is your fence !

[ChuckFickens]

"and ...if the posts holding the fence are in your side of the boundary line..it is your fence !"

Not true, it may be an indication but it's certainly not a hard and fast rule.

[grasscarp]

Helly have you looked at the title deeds then and seen that it is a party fence?

[mark01]

Refer to the plan on your deeds and the covenants enclosed

[hc4361]

It will be her fence as she has paid for it. She will be able to prove it in court by producing receipts for the work done, and your non-objection.
As she owns it, you will have no say at all on the design or style, you will not be able to afix anything to it - not a drawing pin to hold a plant up - nor paint it.
Especially so if she puts it entirely on her land, it only needs to be moved across a very few inches.
You can suggest she leaves the existing fence where it is, as the party boundary, and put her new fence on her own side of it.

[buildersmate]

The following applies in England & Wales - I don't have a clue about Scottish law.
The term that many of you above are getting confused over is a 'party fence wall' - there is no such thing as a party fence for the purposes of the Party Wall Act.
A party fence wall MUST be a masonry structure - not a wood or other non-masonry structure.
Since the OP seems to be talking about a wooden structure, the neighbour should erect the posts on his/her own land, and take ownership for the finished fence.
It merely requires simple agreement of the two neighbours as to where to put it.
Land Registry records, whatever just aren't going to tell you anything helpful.
Thus of all the answers above, only hc's can I agree with, though even he refers to a 'party boundary' - a term that I cannot fathom out what he means in the absence of any masonry party wall.

[hc4361]

My details from the land registry have a covenant stating that the boundary is a party fence. This applies to one side only and the plan clearly shows the 'H' markings.
My other side is a wall and shows a 'T' mark on my side.
I am in England and am very used to party fences from previous addresses.

[buildersmate]

Fair comment hc.
But then a party fence has no legal standing, it is merely a fence that sits astride the boundary and if one owner wants to replace the fence and the other adjoining owner is happy about that, but doesn't want to pay half, then the two should agree that the payer puts the new posts into his/her land.
Which is what you said.

[Hellywells]

Thanks for all your input but I still need to know if it remains a party fence if she is paying for it and is putting it on the boundary rather than on her property

[grasscarp]

The status is as shown on your deeds. Paying or not paying does not alter anything.