Boundary between different levels

[jim crutchley]

Wondered if anyone could offer their opinion and help ?

If a boundary fence is situated on the lower level between two properties, which side is responsible for the fence? I live on higher level to my neighbour but the boundary fence is built on the lower level ? I even have a concrete soil retainer holding my garden up. The fence is built on the lower level the other side of the retainer. Now the fence needs repairing, is the fence my responsibility?

 

[IT Minion]

Wondered if anyone could offer their opinion and help ?

If a boundary fence is situated on the lower level between two properties, which side is responsible for the fence? I live on higher level to my neighbour but the boundary fence is built on the lower level ? I even have a concrete soil retainer holding my garden up. The fence is built on the lower level the other side of the retainer. Now the fence needs repairing, is the fence my responsibility?

The level doesn't make any real difference, it's all about who owns the land the fence is on. Are there any clues in your purchasing paperwork?

 

[jim crutchley]

See this is where I'm confused, the fence is on the boundary but is built on the lower level. I've replaced the fencing the other side because it's on the same level as my property. I have the property deeds, but it's not clear on there. it just shows an outline on the map.

 

[IT Minion]

Now to totally contradict myself, it would make sense that the fence, and land underneath it, belong to the property at the same level as it.

The property maps aren't meant to do fine details like where exactly a boundary is. If you've got a clear boundary at the front or back to draw a straight line from that'd help, as would any details on the property deeds.

 

[jim crutchley]

Thanks, see this is how I see it. The fence is on the lower level the same as the property next door and therefore not really my responsibility. For me to maintain it or rebuild it , I would have to keep constantly accessing my neighbours garden.

 

[^woody^]

Responsibly for the boundary and responsibility for any fence on the boundary are different things.

Generally, a fence is not on the boundary but on one side of it - typical with fences with posts on one side of the pales. In which case the side of the posts is a guide as to owner of the fence (but this is not definitive)

Sometimes a fence may be on the boundary such as types with central posts and panels, in which case the owner of the fence may not be the one responsible for the boundary.

To confuse things further, if you are saying that the fence is the responsibility of the lower garden owner, then that could imply so is the concrete retainer, which in turn implies the boundary is on your side of the retainer.