Which fence is mine?

mrbadexample

:hello:

I couldn't see anywhere more appropriate to put this :rolleyes: - if there's a better forum could the BGs please move it? Ta.

Anyway, the windy weather has killed the fence on one side of my (i.e. Northern Rock's :mad: ) property. All I want to know is: is it mine? I have no problem shelling out for the repairs if it is, but obviously, I don't want to pay to maintain something that is next door's (or joint) responsibility. When I spoke to the neighbour, I asked him and he said it was mine.

Looking at the property from the direction of the road, it's the fence on the left-hand side. When I moved in, the previous occupant said that the left-hand side was mine. However, looking through the seller's information, it would appear that this may not be the case.

I've looked through all my "house stuff" and found the following documents (important bits ringed in red):







The first (contract report) states that there should be 'T' marks indicating which boundaries are to be maintained by me. I can't see any on the Land Registry plan, which would seem to suggest it's a joint responsibility.

In the last document, the previous occupant indicates that they don't know who owns or accepts responsibility for either boundary, and that they have shared the cost of maintaining the right-hand side in the past.

This all leads me to believe that each side is a joint responsibility. I would value all of your thoughts before I pop round and tell the chap next door that he owes me half. I don't want any hassle over this. :cool:

If it's important, the house is (I think) classed as "end of terrace" - it's stuck onto the house on the left, but not the one on the right.
Cheers,

MBE

And yes, I'm sure someone could work out where I live from the info I've given. If you really care that much, let me know when you're popping round and I'll put a pot of stew on.

danm

No expert, but from what you have provided, i would be under the impression that all fences are jointly owned. It is a common misconception that you own the left hand fence.

spunkeyrich

Sharing a fence is not much good if both the parties dont want to fix it. Its up to you but maybe best solution is to erect a fence within your boundry that you know you can repair rather than it taking 6 months to get fixed. If you get into a dispute with your neighbour about it, it may effect your future happiness.

go and ask your neighbour about it. maybe willing to negotiate as it sounds like a joint fence.

cheers

rich

Astaroth

From the contract of sale it would certainly appear that you are jointly responsible for maintenance of the property boundaries. Personally I would double check on the deeds as the previous owner has ticked the "dont know" boxes which would immediately raise alarm bells

mrbadexample

Astaroth wrote:

Personally I would double check on the deeds as the previous owner has ticked the "dont know" boxes which would immediately raise alarm bells

Hmm...deeds....where would I find those then?

Rikki

mrbadexample wrote:

:hello:


And yes, I'm sure someone could work out where I live from the info I've given. If you really care that much, let me know when you're popping round and I'll put a pot of stew on.

Can we have chocolate yoghurt cake for pudding?:drool:


It can be worked out sometimes by the side of the fence that which faces your garden. Meaning if you have the nice side facing you its their fence and visa versa. The plans are not very helpful.

mrbadexample

Rikki wrote:

Can we have chocolate yoghurt cake for pudding?:drool:

Unless you want me to knock up something special? :whistle:

Rikki wrote:

It can be worked out sometimes by the side of the fence that which faces your garden. Meaning if you have the nice side facing you its their fence and visa versa. The plans are not very helpful.

Yeah, that's what me Dad said. It's bizarre really, as if it was my fence, I'd want the nice side facing me.

Unfortunately, it's not that type of fence, as both sides are the same.

richt71

mrbadexample wrote:

Hmm...deeds....where would I find those then?

Usually held by your mortgage company. Probably in their vault. If you are lucky enough not to have a mortgage then you keep them or place them in safe keeping.

Rikki

mrbadexample wrote:

Unless you want me to knock up something special? :whistle:



Yeah, that's what me Dad said. It's bizarre really, as if it was my fence, I'd want the nice side facing me.

Unfortunately, it's not that type of fence, as both sides are the same.

I wondered could you not say to the neighbour. You have looked through the paperwork supplied by the previous owner and the past fence repairs costs were shared. Would they consider paying half?



The alternative is to look at the deeds and find out for sure.

Astaroth

richt71 wrote:

Usually held by your mortgage company. Probably in their vault. If you are lucky enough not to have a mortgage then you keep them or place them in safe keeping.

Traditionally this was the case but many companies sent the back a few years ago or even charge you for looking after them.

It should be with your paperwork but it could be either your solicitor or bank are holding them for you.

I believe you can download most of the information from http://www.landregisteronline.gov.uk these days for a few quid

Idiophreak

mrbadexample wrote:

And yes, I'm sure someone could work out where I live from the info I've given. If you really care that much, let me know when you're popping round and I'll put a pot of stew on.

Well, I wasn't going to work it out, but if you insist!