how do you find out who owns fences

jeffmasson

hi

i am buying a repo and would like to know how if any way to find out who owns each fence on the egde of the property.

looked at the title and this dose not sayu anything about the fences

many thanks

PasturesNew

It's usually in the deeds. Also, try knocking on the neighbours' doors and ask, and/or download a copy of their deeds from Land Registry to see if theirs says so.

Looking at them, if they're panel fences, then if you have the fence posts on your side then it's your fence. If you can't see the fence posts then it's the neighbour's fence.

But it's not as easy as that because a neighbour, for whatever reason, might have replaced a rotten old fence in the past (because the last owners didn't bother/care) and/or when placing the fence/posts they might have decided that since they're paying for it they'd have the nice fence showing on their side and not the posts. Or, they might have put the whole thing up on their side of the boundary line.

Hard to tell really,

shane42

many panels have two good sides now, just out of interest

dander

mine wasn't written anywhere, just indicated with little triangles on the ladn registry plans.

prudryden

If not listed on your or your neighbour's deeds, then there is no sure way. None of the various common ways such as good side of the fence, which side (left or right) of the house, or where the posts are has any real legal basis. However, the person who actually puts up the fence would have a legal claim. This assumes that the fence was put up on one's own property. Been down this path several times. I have in the past used the argument that my house was built before the neighbours and by the same builders and that, therefore, it is either my fence or a party wall fence. We have always decided to split any costs for repairs. Works well that way.

timmyt

there is a legal presumption that the posts you put on your side if it is your fence (the ugly side).

However, fences blow down, and quite often neighbours agree to replace when they don't have to.

Just ask your neighbour.

The deeds never say who owns a fence, just historically who did at the start or at the least which 'T' mark you are responsible for.

Boundaries in this country are badly recorded by the Land Registry.

prudryden

timmyt wrote: »

there is a legal presumption that the posts you put on your side if it is your fence (the ugly side).

However, fences blow down, and quite often neighbours agree to replace when they don't have to.

Just ask your neighbour.

The deeds never say who owns a fence, just historically who did at the start or at the least which 'T' mark you are responsible for.

Boundaries in this country are badly recorded by the Land Registry.

The attorneys on Gardenlaw.com would vehemently disagree with you. There is no legal presumption of ownership based on location of post or ugly/pretty side. I put my fences up and put the nice side towards me. The posts which are on the neighbour's side are still on my property. Many deeds including mine and all my neighbour's deeds (nine) do not have T's on the documents - just lines and rounded off measurements to the meter. However, if you can show a court case that says the opposite, I will pass it on to Gardenlaw with gusto. You should have no problem finding a case to quote due to your access to all law reports based on your memberships with the various law societies.

monkeys_bunny

the only true way to know is if there are little 'T' markings on the title deeds (of course most title deeds are now dematerialized and replaced with official copies). ‘T’ on your side its yours. Or could be mentioned in the covenants saying they are party walls and fences etc.

your solicitors should be able to explain better

NPowerUser

I bought a detached bungalow just before Christmas and during one of the meetings with the solicitor I was advised "that although you are responsible for the fence on both sides, its not enforceable in law"

I live on an end plot with just the one neighbour. Prior to 2007 the bungalow sat on its own with just a lane on one side and a chunk of open field on the other. The bungalow I bought would have been sat on its own prior to this date, hence the fence going all the way round.

I haven't got round to replacing a panel damaged during the bad weather in December but its nice to know nobody can force me to repair it or replace it.

I am appealing against its council tax banding as band E seems high when 6 or my neighbours up the road are on band D. The valuation office website has been very helpful but the appeal can take up to 4 months to come to a decision.

timmyt

prudryden wrote: »

The attorneys on Gardenlaw.com would vehemently disagree with you. There is no legal presumption of ownership based on location of post or ugly/pretty side. I put my fences up and put the nice side towards me. The posts which are on the neighbour's side are still on my property. Many deeds including mine and all my neighbour's deeds (nine) do not have T's on the documents - just lines and rounded off measurements to the meter. However, if you can show a court case that says the opposite, I will pass it on to Gardenlaw with gusto. You should have no problem finding a case to quote due to your access to all law reports based on your memberships with the various law societies.

Gardenlaw.com. Shudders.

It is just a starting point, as people do not put the pretty side facing themselves usually - though I drove past as new fence around a house today and they were, and the house looks so ugly from the road!!! Pretty side facing the road people, please!

To quote Gardenlaw.com (if I must) their website says "When putting up a fence, custom dictates that the posts are entirely on your land and the face of the fence, points to your neighbours."

Face of the fence = pretty side

But like I say, it is open to challenge. And a dispute does just that.

Try finding a T mark...got a client now whose conveyance says there should be one, but guess what, missing from the plan.

Work it out with the neighbour as it is so costly to fight at court.

prudryden

timmyt wrote: »

Gardenlaw.com. Shudders.

It is just a starting point, as people do not put the pretty side facing themselves usually - though I drove past as new fence around a house today and they were, and the house looks so ugly from the road!!! Pretty side facing the road people, please!

To quote Gardenlaw.com (if I must) their website says "When putting up a fence, custom dictates that the posts are entirely on your land and the face of the fence, points to your neighbours."

Face of the fence = pretty side

But like I say, it is open to challenge. And a dispute does just that.

Try finding a T mark...got a client now whose conveyance says there should be one, but guess what, missing from the plan.

Work it out with the neighbour as it is so costly to fight at court.

But CUSTOM and your LEGAL PRESUMPTION are different animals. It used to be custom when people knew their neighbours, but not so much anymore.