Who owns this fence? (Ed.)

[jackmcc17]

I have attached 2 pics. We had a fence number down during a storm this fence divides 2 houses. Waiting on deeds, but who would be responsible for fixing this fence, right side or left? My assumption was right as the posts are on that side.

 

[jackmcc17]

I have attached 2 pics. We had a fence fall down during a storm, this fence divides 2 houses. Waiting on deeds, but who would be responsible for fixing this fence, right side or left? My assumption was right as the posts are on that side.

 

[Deleted member 265726]

Just in case you don't know about this...

You can download deeds here for a small fee and you do not need to be the owner to do so:

Get information about property and land

How to search for information about property and land in England and Wales - find out who owns it, how much was paid for it, how to get a scanned copy of the deeds and how to check the property boundaries

www.gov.uk

Always a good idea to speak to your neighbours if the Deeds do not reveal the information you seek.

 

[mattylad]

Your deeds mays how markings to show who is responsible for maintaining the boundary, however no one is around to enforce that.
A lot depends upon who fitted the fence as whoever paid for it owns it.

Istr that generally it was the left side as you look towards the back was your responsibility however the actual fence may not be exactly on the imaginary line that is the border(it can vary where its exact placementis), your house previous owner may have paid to have it fitted or your neighbour may have paid. It may have been paid by both sides.

So the best answer I can give is go talk to your neighbours or if you are able to the previous owners of your house(I am assuming you have not been there long hence your needing to ask).

p.s. theside the posts are on makes no difference, the old thing about you give your neighbour the good side is old hat.
If you pay for it you get to choose which side gets the good side.

 

[freddiemercurystwin]

You cannot assume that, check the deeds but often the deeds won't show.

 

[Mottie]

Just go 50/50 with your neighbour.

 

[helplessowner]

I don't think any side is "responsible" for fence repairs.
The fence may be owned by one side, but there is (as far as I know) no duty to maintain or repair it. There is a duty to prevent animals/livestock straying, and presumably a duty to make sure the fence does not enroach on the neighbour's side.
Mottie has given the most sensible answer - go 50/50. That's what we have always done (apart from the time our neighbour was flat broke, so we replaced it ourselves).

 

[Notch7]

If it's not on the deeds or any written neighbour agreement, then you have to reach an agreement

 

[denso13]

If it's not on the deeds or any written neighbour agreement, then you have to reach an agreement

This. Speak to your neighbours first.

p.s. theside the posts are on makes no difference, the old thing about you give your neighbour the good side is old hat.

I put up a very long 2m high one and the good side faces me all round, no posts. I paid for it, so I'll have the good side.

 

[Deleted member 265726]

This. Speak to your neighbours first.

I put up a very long 2m high one and the good side faces me all round, no posts. I paid for it, so I'll have the good side.

My deeds state 50% responsibility for both sides of the boundary - walls or fences - and 0% responsiblity for the end boundary. His neighbours might be fine with him paying for all of it but then again, they may not be. My neighbours tried this number on to try to increase the height of the fence by them covering the whole cost and I was having none of it. Not all of us are born yesterday.

 

[freddiemercurystwin]

Why would you go 50/50 if the deeds show a clear responsibility?

 

[Mottie]

Why would you go 50/50 if the deeds show a clear responsibility?

Neighbourly relations?

 

[denso13]

Agreed. He should talk to his neighbours, like I said.

 

[securespark]

We have a hedge at the end of our garden and and hedge on one side. The other side is a fence.

The fence is a party fence. When we moved here over 25 years ago, the neighbour was cool about it. I hired a van and picked up the fence materials. I paid for the van, he paid for the fence stuff and we did the job together.

Around lockdown, we were short of money and the now new neighbours were not interested in replacing the fence, despite me getting quotes and putting paperwork through the door. The fence was getting more and more dilapidated and panels were falling in and they obviously didn't care. So me and the eldest started remaking fence panels using the good bits from the old ones.

Fast forward to last year, I replaced two of the fence panels at the end of the garden that were left out with taller ones. The idea being we may have a summer house there in the future.
We inherited a weird system of fencing where there are brick pillars and two-brick "gravel boards" instead of a concrete or wood system. So I built up the pillars to match the new panels. It's all a little bit Heath Robinson, but the fence has so far stood up to all the storms. And the original pillars look like they are very near to the same age as the house, 1960s.

I won't do any more now than fart about tickling things up. There is further fencing between us down the side passage that is missing that would be nice to reinstate but I'm not coughing up on my own to do it.

I really don't want to fall out over this kind of thing, so won't argue the point.

 

[Mottie]

We're semi detached. I went half with my neighbour for our adjoining fence and posts. We both take care of our own outside and rear fences (there is a track behind our gardens so we do not share a fence with anyone that backs onto us).