boundary fence advice please?

Geordie_bear

Hi all, just had the landlord of an adjoining property knock on my door asking me to contribute 50/50 for replacing the whole fence. His fence adjoins 5 other properties & he's asking for contributions off them all based on how much fence we share with him. I was of the opinion that you repair the fence if the posts are on your side but he claims this isn't the case. I'm willing to pay my share which is around £60, I'm just after some advice on what exactly I should do to cover myself obviously I'll be asking for a reciept as proof that I gave him the money otherwise he could quite easily say I didn't give him anything. Anything else to look out for?

Mojisola

What do your deeds say?

If you are responsible for the boundary, it's usual for you to pay for a new fence - if you want one. There are very few situations where you can be forced to put up a fence.

If you and the neighbour are jointly responsible, then neither should do anything to the fence without the agreement of the other. If one wants to replace the fence and the other doesn't want to contribute but is willing to let the neighbour change the fence, the cost has to be born by the neighbour.

If the deeds say the neighbour is responsible for the boundary, he's trying it on by asking you for a contribution!

krlyr

As above. Remember that you can buy a copy of your deeds online from the Land Registry Service - only costs about £4. Boundaries that are your responsibility will have a "T" marked on your side. A "T" on both sides makes it a joint responsibility with the neighbour.

Vibrant

It doesn't matter whose side the posts are on, or which way round the panels are. It is no indication of who owns the fence. You can often see the boundary line from the remains of the builders concrete posts, if they put a wire fence in.
If the fence that is currently installed is all the same, then it is probably the landlords. I back onto four houses and have four different types of fence at the back, as they all put up what they fancied.

ormus

its the T marked on your house deeds that tell you whos responsible, nothing else.
take no notice of any old wives tales about the left hand side rule or fence posts.

ps
it only says responsible for the boundary. it never/rarely states what sort of fence is required. (or brick wall).

keystone

Responsibility for a boundary is absolutely NOT the same as responsibility for a fence so the T on the deeds is not relevant unless the deeds specifically state that the boundary must be fenced but in which case it should not be on the boundary but wholy on the land of the land of whomsoever is responsible for it.

The "good" side of the fence or the "its on the right-hand side" arguments are also invalid,

Responsibility for the fence lies soley with the person whose land it is on. If you want to make a voluntary contribution on the basis that this will give you the "good" side thats OK but if its his fence its his problem and don't let him bamboozle you.

Cheers

Geordie_bear

Mojisola wrote: »

What do your deeds say?

If you are responsible for the boundary, it's usual for you to pay for a new fence - if you want one. There are very few situations where you can be forced to put up a fence.

If you and the neighbour are jointly responsible, then neither should do anything to the fence without the agreement of the other. If one wants to replace the fence and the other doesn't want to contribute but is willing to let the neighbour change the fence, the cost has to be born by the neighbour.

If the deeds say the neighbour is responsible for the boundary, he's trying it on by asking you for a contribution!

I'll tell you what it says on the deeds:-

'The gable and division walls and fences seperating the premises form the adjoining properties of the Transferor shall be party walls and fences and shall be repaired accordingly and that all other walls and fences surrounding the premises shall be maintained and repaired by the transferee'

It's all gobbledook to me what do you make of it?

ormus

the way i read it is,
if he is the original transferor, then you have to share the costs of repair to any adjoining wall/fence.
and any other walls/fences are your responsibility.

Tr1pp

I wouldnt pay, for the reasons people have given above, seems like your neighbour is replacing the fence for his benefit, asking half of the cost from you seems a bit cheeky as you will undoubtably be given the bad side of the fence aswell.

Geordie_bear

krlyr wrote: »

As above. Remember that you can buy a copy of your deeds online from the Land Registry Service - only costs about £4. Boundaries that are your responsibility will have a "T" marked on your side. A "T" on both sides makes it a joint responsibility with the neighbour.

can you give me a direct link to the site please because I can't find it. thanks

Geordie_bear

ormus wrote: »

the way i read it is,
if he is the original transferor, then you have to share the costs of repair to any adjoining wall/fence.
and any other walls/fences are your responsibility.

this is just a copy of the deeds he gave me to sort of back up his story