Who should pay for a shared fence?

Live in a terrace house and the fence on one side is just about falling apart and needs replacing making the back garden look really shabby. Both houses are owned/mortgaged. Should the cost of replacing be met by us and neighbour 50/50? What about if they refuse to pay for anything towards the cost?
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Comments

  • tanith
    tanith Posts: 8,091 Forumite
    Part of the Furniture Combo Breaker
    It usually tells you on your deeds which fence is yours.. most of the people I know own the fence to the left if you are facing the house.. others say if the backside of the fence, thats the bit with the supports showing , is facing you then thats your fence..
    I guess you could ask the neighbours if they want to go half and half but if its your fence they would be under no obligation to do so.... if it were my neighbour asking me to pay half towards replacing his fence I would say no as I'd already paid the full cost of replacing the other fence....
    #6 of the SKI-ers Club :j

    "All that is necessary for evil to triumph is for good men to do nothing" Edmund Burke
  • cheghead
    cheghead Posts: 849 Forumite
    How can you find out from the deeds. Would you have to contact a solicitor or would the mortgage lender have the details?
  • tanith
    tanith Posts: 8,091 Forumite
    Part of the Furniture Combo Breaker
    It would be your Mortgage lender that holds your deeds but they might charge you for a peek or a copy :eek: How about asking neighbours if they know whose is whose fence? Not just next door but other neighbours....
    #6 of the SKI-ers Club :j

    "All that is necessary for evil to triumph is for good men to do nothing" Edmund Burke
  • deanos
    deanos Posts: 11,239 Forumite
    Part of the Furniture 10,000 Posts Uniform Washer
    Do you have a copy of the deeds , we got one with our house
  • shown73
    shown73 Posts: 1,268 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    On out estate also, we are responsible for the left hand fence, facing the house from the front. Seems to be quite normal.
  • deanos wrote: »
    Do you have a copy of the deeds , we got one with our house

    Me too. Each boundary has a "T" on it to indicate who is responsible for each fence.
  • Becles
    Becles Posts: 13,183 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You can download your deeds from www.landreg.gov.uk

    My deeds do not mention fences and there are no T marks on the boundary diagram. We just split the cost with both sets of neighbours.
    Here I go again on my own....
  • poppyolivia
    poppyolivia Posts: 2,976 Forumite
    1,000 Posts Combo Breaker
    Where ever the posts of the fence are its up to that owner to replace or mend. Well it is here anyway.
    You may walk and you may run
    You leave your footprints all around the sun
    And every time the storm and the soul wars come
    You just keep on walking
  • cobster
    cobster Posts: 67 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi. I would suggest that you check with neighbours down your road. For instance, where I live I am responsible for the right hand boundary - as is everyone else on the road. There are no Ts on my deeds either.

    If the fence is your neighbour's responsibility you can either ask them to replace it, offer to go 50/50 on replacing it or you can erect a fence on your side of the boundary to hide their fence.

    I had the same scenario with my neighbour who was happy for me to replace his fence as long as it wasn't higher than 4ft6. I wanted 6ft from a privacy point of view so I ended up having the fence put up on my side of the boundary. Now I have the delight of dealing with the family (he died at the end of last year) to have the right of way opened up that he blocked off with his fence over a dispute with the previous owners.

    Good luck
  • Debt_Free_Chick
    Debt_Free_Chick Posts: 13,276 Forumite
    10,000 Posts Combo Breaker
    Where ever the posts of the fence are its up to that owner to replace or mend. Well it is here anyway.

    Oooooo .... not necessarily. It could be that the posts were changed over with the (then) owners' agreement at some point in the past. So you can't rely on this as being incontrovertible "proof" of ownership and/or obligation to maintain. Sorry :(
    Warning ..... I'm a peri-menopausal axe-wielding maniac ;)
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