Fence/conifers Boundary Rights

[percyveer]

Who pays what when the conifers are in one garden and the fence in the other one.
Many thanks.

[woofgang]

pays for what?

[Baldric]

Good question woofgang ;o)

[ubasses]

Not really enough information, but most likely is the person with the conifers maintains them and the person with the fence maintains that. If the conifers are spreading over the fence they are entitled to cut them back, if the conifers damage their fence, the conifer owner would be liable.

[woofgang]

the person with the fence does not have to maintain it, they could remove it...or even just let it fall down if it fell down safely

[AuntLydia]

// the person with the fence does not have to maintain it, they could remove it...or even just let it fall down if it fell down safely//

Its a homeowners responsibility to maintain the boundaries that belong to them. Usually, but no always, its the boundaries on the left hand side of your property, looking from the front.

Taken From Land Registry:

The Title Plan’s may reveal a ‘T’ mark on all or some of the boundaries, indicating who is responsible for maintaining that boundary. If there is a ‘T’ mark on either side of the boundary, it is a party boundary and both you and your neighbour are jointly responsible. If, however, there is no ‘T’ mark, it may be unclear who is responsible for the maintenance of that boundary.

The question then is: has anyone assumed responsibility for that boundary, such as placing the fence there or maintaining it? If you or your neighbour has assumed responsibility for the fence, they remain legally responsible for it. If it has been jointly maintained by you and your neighbour (or not as the case may be) it may be regarded as a party fence and you will both be responsible for it.

[tamborine]

depends which came first. If conifers damage existing fence & restrict access to existing fence for maintenance then I think the conifer planter should be liable for fence damage.

[woofgang]

no its not aunt lydia....unless there is a covenant, and even then they are hard to enforce, you don't even have to have a fence on your boundary and if you own the fence you can do what you like with it provided it doesn't become unsafe to others. The fence is NOT the boundary, although it may mark the boundary.
http://www.boundary-problems.co.uk/boundary-problems/fences.html