Please Settle The Fence Argument Lol

[Smowball]

I’ve Googled it and got so many different answers! So, as I stand at my patio doors looking into my back garden, the fence on the left has broken in the storm. Is that mine or next doors fence?? Sorry if I sound daft but I really have tried to find out overnight lol.

[jw47]

I have the same problem as Snowball, fence down on left hand side, thought it was my responsibility so looked up the plans, seems I am responsible for back and right hand side. The fence is down into their garden so I am leaving it for a while (ground too damp).Might see if they contact me first. Unfortunately I think the house is rented and I hardly see the present tenants as they do night work.

[woofgang]

if your neighbour owns the fence then you need his permission to do anything to it including paint it. There is no hard and fast rule over who owns what fence. Additonally, unless there is a covenant that says so, the fence owner doesn't have to maintain the fence beyond what is necessary for public safety and can simply remove the fence and leave a gap. aside from cats, it is the responsiblity of the animal owner to contain the animal.

[woofgang]

oops link https://www.inbrief.co.uk/neighbour-disputes/ownership-of-fences/

[jno]

so cats really are outlaws? I suspected as much.

[david small]

The left is my responsibility, the right is my neighbours.
Facing the house from the front.

[woofgang]

that may be the case at yours David but it means absolutely nothing anywhere else.

[Vagus]

In any house we’ve lived in, we’ve always shared the cost of replacing any fencing, be it either side, at the back, or any shared fencing at the front of the house.
Unless you’ve fallen out with the neighbours then I don’t see any problem in asking them.
And if you have fallen out with them, then if it impacts you I’d just get on and replace it anyway and suck up the cost.

[Buenchico]

Here we go again! (This question has come up countless times over the years!).

There is NO fixed 'left/right' rule about who owns a fence.

However if you think about how you'd erect a fence at the front of your property, it would almost certainly be with the posts on the inside of the fence and the boards on the outside. Similarly, people usually put up fences between their property and that of a neighbour with the posts on their own side and the boards on their neighbour's side. So it's most commonly 'the person with the posts' who owns a fence (but it's still NOT a rule!).

It also has to be remembered that owning a fence and being responsible for its upkeep aren't the same thing. Unless there's, say, a covenant in the house deeds which requires someone to keep their fence in good order, there's no obligation upon them to fix or replace it if it gets damaged by the wind. They can simply leave it as it is or remove it altogether (leaving their neighbour to erect their own fence if they want to see one in place).

[lady-janine]

I let our neighbour see to all the fencing and hedging needed as it is his responsibility. But that is a different matter and doesn't apply here. Talk to him and see if you can come to some sort of agreement may be the best solution. Good luck.

[brainiac]

As has been said - on which side of this fence are the posts that held it up? If they are on your side it's pretty certain it's your fence; if they are on your neighbours' side, it's their fence. Talk to them, and avoid a solicitor.

[ladybirder]

It's not "pretty certain" according to Wolfgang's link brainiac.

// It is a common misconception that the manner in which a fence is constructed indicates who owns it. For example, it is commonly believed that if fence posts are located in one person’s garden – they own the fence. However, whilst it is customary to construct a fence in such manner the position of the fence posts do not dictate who is legally responsible for the fence.

It is also a common misconception that a property owner owns the boundary on the left hand side of their property (as you look at it from the street). Again, this is not necessarily the case. \\

[jennyjoan]

the fence between my neighbour and myself came down years ago and we went halfers on payment to get it fixed

[janzman]

Who owns the fence across the bottom of my garden? Is it me or the neighbour whose house backs onto mine?

[woofgang]

janzman who knows? My back garden backs on to 7 other gardens. I know I own one part of the fence. I know who owns two of the others because they have replaced them. Another owner has told me they own their part and have repaired it. as for the other three parts, two of them I believe are owned by the neighbours and one I suspect it is but have nothing concrete either way

[ABSpareEditor]

I have moved this thread into the category "Home & Garden".