Who pays for the fence?

routers1

I have a dialema, one of our neighbours thier back garden backs onto the right side of our garden, I know they say you always pay for the left side of fencing to the property but who pays for this fencing as its on the right side of ours and the back of thier garden

Grimbal

It may be marked as a "T" on the LR map (might have got it when you purchased) - have you checked there?

withabix

routers1 wrote: »

I know they say you always pay for the left side of fencing to the property

Urban myth.

T-marks on title deeds plan indicate who is responsible for the fence. If there are no T-marks, the fence is joint responsibility between the properties it divides, unless the Title Deeds actually say anything different.

krlyr

As said, check the deeds as the "left is yours" is only a guideline. Technically I could build a fence on the righthand side of my garden within my boundaries, and if the neighbour was to remove theirs, my fence doesn't become theirs because it's on the left of their garden, it's still my land/my fence. Have you asked the neighbours to see if they know who it belongs to? If they don't then you may want to come to an agreement, maybe go halves if you both need the fence (but remember there's no legal obligation to have a fence, so if they don't want it, they may not be bothered about contributing to costs)

System

routers1 wrote: »

I have a dialema, one of our neighbours thier back garden backs onto the right side of our garden, I know they say you always pay for the left side of fencing to the property but who pays for this fencing as its on the right side of ours and the back of thier garden

not always the case our deeds show the rhs and back section of our garden is our responsibility

Marcusp

Who pays for the fence?

Whoever wants to build the fence.

daveyjp

Talk to your neighbour and work on a solution together. We simply shared the costs.

iamcornholio

'T' marks indicate responsibility for the boundary, and this is completely different to ownership of any fence on the boundary

eg, faced with a broken or horrible fence on the boundary which the 'T' holder can not or will not repair or change, the neighbour can erect their own fence - either on the boundary with permission or just off the boundary without it, then the neighbour will own the fence and be responsible for it ... but this wont change the 'T' on the deeds

KateLiana27

The neighbourly thing to do is discuss it and suggest going halves.

As has been said, owning the boundary does not compel you to put up a fence. Even if they do own the boundary, they could draw a line on the floor and that would be their duty done.

If you want it, you should be prepared to pay for it in full - but it's courteous to ask your neighbour first, and at this point you can ask politely if they wish to contribute.

Johnhowell

After seeing hundreds of HMLR Title Plans, it should be noted that the majority of plans purchased from HMLR usually do NOT have the "T" or "H" marks of the boundary feature. HMLR create their own version of deed plans on to their Index Map so many bits of information "disappear".

Responsibility of the boundary feature is sometimes discribed in the Title Register, but you may have to locate the orginal deed plan.

Good luck.