Is it our fence ?

[smurfchops]

I am trying to find out if the back fence in our garden belongs to us as it needs repairing. I have the Charge Certificate with HM Land Registry Title Number sheet, map of property with land in red and transfer in part. Should it say somewhere which fence or fences are mine ? I thought it was always the fence on the left hand side. We have a house across the back and this fence is on their left hand side, so could it be their fence ?

[ladyalex]

Easiest way to resolve this would be to go round and ask the people there.
If it's you fence, you repair it and pay for it.
If it's their fence, you can do nothing , unless it falls down on to your land.

[KenR]

Had a similar situation in a previous house when we were moving in and I spoke to our lawer at the time to see if he could provide any clarification.

The deeds etc weren't that clear, but he explained that where there was an issue over whose fence it was, the arguement used was that on whosever side the uprights were on, owned the fence. In other words, the good or flat side faced away from the owner.

This was about 15 years ago in Scotland, but upon explanation it makes perfect sense.

[Buenchico]

There are no strict riles about identifying who owns a fence. (The 'left side' so-called rule is a complete myth).

However consider how you would erect a fence if it was at the front of your property (adjoining the public footpath). You would almost certainly erect it with the fence posts on the inside of the fence, so that they were not visible from the street. People generally erect rear fences in a similar manner, so it's likely that whoever has the fence posts facing their land owns the fence. (However that's still a convention, not a rule. Also it won't help much if the posts are embedded within the fence, rather than on one side of it!).

It's also important to remember that (unless there is a relevant covenant in place) nobody is ever obliged to repair or replace a boundary fence. Even if you could prove that the fence belongs to your neighbour, they are perfectly entitled to refuse to repair it, leave it to fall down or simply remove it altogether.

Chris

[hippyhoppy]

^ really Chris..? I have an issue with our front fence (it backs on to a little passageway which allows the side on neighbours access to their back garden. This fence is officially their responsiblity.. but you have indicated that if it falls down, they don't have to replace it..!! (bearing in mind it's not the back of their garden fence, just the passage fence...so couldn't see them wanting to fork out for a replacement!!)

[dzug]

Basically, he who wants the fence the most pays for it.

[hippyhoppy]

Mind you.. I'm up for a fight!! Never cross a Libran!!

[Old_Geezer]

I was rather hoping for a more definitive answer to this one. I have a similar situation.

In my late parents' house, which my siblings and I still own, there was a front wall between our neighbour and us. All the time I grew up it was accepted that, that wall was Mr. XXXX's, and the wall on the other side of the garden, between our other nieghbour and us, was ours. And so when this first wall started to need repair we hoped the latest owner would not let it get too bad and fall into our path.

Now I heard from my brother that the subject has been mentioned, and the present owners deny all responsibility claiming it is our wall. So it's the neighbours all the time I've been around, but apparently ours now it need money spent on it. Typical !

[dragongiraffe]

Go to Council Planning Dept.
There's a difference between where the boundaries lie between properties and what is sited on the land those boundaries encompass.

[bushbaby_de]

no don't go to the planning department, they have absolutely no jurisdiction over this as it is a civil matter...