Garden fence -who is responsible?

koolcat99

I didnt know where else to put this so hopefully here is the best place?
We are a block of 6 flats on our own, non council, and we are responsible for the upkeep of the property. The flats date back 50 years and when they were built a railway ran along side, that rail track became obsolete more than 30 years ago and with developments ect, the land was sold off to the water board (scotland) is now a stream, there are lots of stanks but major overgroth which is fine...
Now the posts of the original fence that seperated our back place with the undergrowth are at the end of their life. Only the posts have been their for the past 10 years and no fence, not a problem you would think, but unfortunately luxuary flats have been developed since up the other side of the embankment. It seems to be an absolute escape route for robbers of these flats and cars to make their exit by absailing down the undergrowth somehow and making away in getaway cars from our garrage area!
The last ones who did this seemed very dangerous criminals, we have a lovely area appart from this it seems such a shame!
If a fence was put up, it could stop this I think, particularly if brambles and stingy nettles were put at either side.? Would we be able to get a grant for this? What is the best course of action 3/6 residents in the flats are +70 years and would not be funding it. Any ideas welcome!!?

G_M

If the land used to belong to British Rail, my guess is that the fence was their responsibility, so would now be the responsibility of whoever bought/inherited the land from them.

But that's just a guess. Fence ownership is notoriously difficult.

Check the plan in your property deeds. Ownership might be indicated by an arrow on the plan pointing at the boundary.

Check the deeds themselves. Ownership/responsibility for upkeep may be mentioned explicitly in a deed.

Go to the local council planning dept and ask.

Speak to other flat owners and/or the freeholder.

How was the fence constructed? If the post was on your side, with the fence panels nailed to the far side of the post, that sometimes indicates the fence is yours (not guaranteed as many people replace fences without know this old convention).

Grant. Can't see the council being interested if it's not their land, but there may be a crime prevention fund/community fund you could access? Speak to your local councillor.

koolcat99

Thanks so much for your reply
Its really old wooden posts that have rotten and crumbled away to nothing, The "fence" itself needs sorted now! the fact of the matter is there are new luxuyary f;ats just bui;t above us and the theifs are able to make a getaway because of this (its a long journey by road around)

koolcat99

So when the theifs plan there route, we wanna stop them from using our route, to be honnest I doubt anything other than electrpfencing would have been applicable, but surely a wire mesh fence of a good height would be better? Unfiotunatley the posts costg more than the fence itself

Fire_Fox

Do you have a neighbourhood plan or neighbourhood forums in your area? Check the council's website. Often official groups are allowed to identify small projects for mini grants but you need to get your stats together and find who writes your neighbourhood plan. Might be parish council, might be other community organisation. Also contact the neighbourhood policing team, they often know the right people and certainly can support you from the crime prevention POV.

koolcat99

We are in scotland

koolcat99

Its the neighborhood meeting that spurred the fence senario on. I ok. Granted I feel like I am paying out for a lot of things recently, I do not mind some, but most of the residents are over 70 years so get a lot of things from the government I guess.

Paul_Varjak

koolcat99 wrote: »

We are in scotland

I think you need a reply from someone familiar with land/property law up in Scotland. I know that Scotand had its own Land Register and I think it only cost a few pounds to get a copy of title deeds/plan etc.

I was trying to get details of ownership of a property in Scotland last week but drew a blank because the land register could not find the property - even though it exists on both the planning autority register and on the Royal Mail Postal Address File! A solicitor has since told me that the Land Register in Scotalnd is a bot of a shambles - you certainly cannot accese the register online; you can ring them and they will search for you and if they draw a blank no charge is made.

goldengirl28

speak to local crime prevention office and local councillors see if you can spur them into action.

Cissi

Why don't you contact the residents in the "luxury flats" and see if they might be interested in helping out? Sounds as if it should be in their interest at least as much as yours...

Fire_Fox

koolcat99 wrote: »

We are in scotland
Its the neighborhood meeting that spurred the fence senario on. I ok. Granted I feel like I am paying out for a lot of things recently, I do not mind some, but most of the residents are over 70 years so get a lot of things from the government I guess.

You need to find out who is working in partnership - too often neighbourhood meetings are used to vent and not used to network or for community engagement. You probably aren't in Aberdeen, but it is an example of what I am talking about:
http://www.communityplanningaberdeen.org.uk/Internet/NCAP/NCAPs.asp