Fence blown down in the wind, ownership & boundary disputes

maverick777

Dear All,

Unfortunately during today's strong gust of winds, the fence adjacent to our drive has been blown over. Landing on my car. The fence posts are sited in theory on my neighbours side and the neat side was our side. My partner shared the cost of a new fence with the previous owners. However true ownership is not known. Is their a DIY way of finding out ownership details? As my neighbour knocked my door to tell me what had happened and just walked off without offering to help. It would seem he thinks I should clear everything and it's not worth talking to him until I have the full facts.

Thanks

:mad:

adouglasmhor

Claim on your insurance and let them sort it out at least for the car damage, how you think you can pin it on your neighbour I have no idea, but the fact your first thought was about it does not reflect well on you.

maverick777

Let's put things into perspective. Had I seen the fence fall on his car or I had driven past and seen someone in need of help I would offer a helping hand. I think you have jumped the gun with your assumption about pinning it on my neighbour, what has he done by walking away? Leaving me to pick up a section of 18' x 6' fencing in driving rain and gale force winds. I could claim on my insurance but readers need to be aware that they would need to pay the excess and higher premiums in subsequent years etc However my question was "Is their a DIY way of finding out ownership details"?

adouglasmhor

Even if they do own it, how were they negligent? So it's irreverent.

SailorSam

Have a read of this and see is there anything helpful.
Garden Law advice on fences, trees and boundaries

daveyjp

Talk to your neighbour - you both benefit so sharing the cost is advantageous to both - proving ownership is usually impossible. Repairing fences is part of the cost of property ownership.

Hintza

maverick777 wrote: »

My partner shared the cost of a new fence with the previous owners.

Sounds like you have answered your own question. I don't know te ins and outs of replacing the fence but I imagine you will either have to do it yourself or speak nicely to te neighbour and see if he will go halves.

Any car damage will be your problem I reckon.

Norman_Castle

"Is their a DIY way of finding out ownership details"?

Only you and the previous resdent will know who owns the fence and this would depend on the agreement you made with them, however, when the property was sold I would assume that unless another agreement was made with the new owners the fence would become the property of whoevers land it is on.
http://www.boundary-problems.co.uk/ may help.

what has he done by walking away?

He has implied the fence is yours.

DVardysShadow

maverick777 wrote: »

However true ownership is not known. Is their a DIY way of finding out ownership details?

Yes. Go to the LandRegistry website and down load his deeds and yours. This will often specify responsibility, but is not sure fire.

Make sure you go to the .gov.uk site. There is another one which is a scam, just forwarding your details to the proper site for about 4 times the price.

bobthedambuilder

You may find the answer to ownership of the fence in your property title deeds. It may be written into the clauses, or indicated on the deed map with a 'T' symbol on one side or other of the fence. The side upon which that T stands has ownership of and responsibility for the fence. If it's on your side, you have responsibility for repairing or replacing the fence (notwithstanding that previous owners of the properties may have at some time shared the cost of a replacement, that is between them). If it's on your neighbour's side, then the repair / replacement responsibility is his (and I would think you have a case for approaching him to claim for the cost of repairs to your car).

If there's an 'H' symbol straddling the fence, (effectively two 'T's back to back), then the fence is shared, and you will have to agree with your neighbour how it is to be repaired / replaced. I would think any repairs to your car are down to you.

If there's no mention anywhere of the status of the fence, I would think it would be regarded as shared (especially as previous replacement has been a shared cost). Once again the repairs to your car would be down to you.

The position of the posts wrt the fence does not give a definitive statement of ownership. Whoever puts the fence up can choose whether to have posts or fencing on their side.

Hintza

All very well going to the land registry, but unless there is provision for certain type, height etc the neighbour wouldn't need to replace it.

Interestingly our neighbours are required to erect "stock proof" fencing but that hasn't stopped their dog coming in and killing the hens. That will end in a bun fight when it happens once too often.