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willow201 | 12:48 Mon 19th Mar 2007 | Law
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I am in contention with my next door neighbour regarding the fence that runs between our properties. He maintains that it is a party fence but it is not shown as such on our deeds. My understanding is that I am responsible for the fence on the left of my property. As this fence is on the right it must be his fence. Am I correct?
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it all depends on where the fence is sitting, if indeed it is on either side of your land, then it belongs tp that person, if its oin the middle and is a pary wall, then the party wall act will apply.....


seems rather obvious my answer, but the short and long of it is that it depends on where the fence actually is

find out
Well what IS it shown as on your deeds? If it's unspecified then it's either a joint fence or the property of whoever put it up originally. Do they place any obligation at all to both provide and maintain a fence?

The left/right convention applies in some areas but is by no means universal. So you may or may not be right - I can't recall which way round it (usually) is anyway.

And even if it is 'his' fence that doesn't mean he is obliged to repair it - it could also mean he is entitled to remove it and do without if he thinks fit.

Best advice is avoid contention and go halves.
Look at your deeds (your solicitor will be able to help here) as it should show you your property's borders. Mine clearly states that the fence on the right hand side of the property as it is viewed from the road is my responsibility and the one to the left is my neighbours. The fence at the back is my responsibility from the edge of my property line to the edge of my neighbours on either side.
You don't state what the contentious issue is, but if it is maintenance then why not agree to a 50/50 split on the costs? You also have the right to put a new fence up on your side of the boundary line if you want to, so that may resolve the situation.
Doh! Beat me to it dzug! lol

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