Who Owns the Boundary Fence?

BlueScreenEuston

Rented house.

The recent high winds has blown a couple of panels of the fence over. This fence is located on the left hand side of the garden as you look away from the house.

Is it our responsibility or next door?

Thanks for any advice.

youngie

contact your landlord they will know,if the fence panels are not damaged could you and your nieghbour not work together to put them back

phill99

It depends.

There is a difference between a fence and a boundary.

The plans annexed to your land lords deeds will have 'T' or sometimes an 'L' against the BOUNDARY that you have responsibility for.

However, this is the BOUNDARY and not the fence.

Responsibility for the fence will lie with whoever erected it. If it was erected by the previous owners of your property, then it's your responsibility. Ditto if it was next door - then it's their responsibility. If if was paid for jointly, then it is joint responsibility.

Some one wil come along in a minute and say "if its the left its your responsibility". I can assure you that this is utter claptrap.

As its a rented property you need to get in touch with your landlord

G_M

phill99 wrote: »

It depends.

There is a difference between a fence and a boundary.

The plans annexed to your deeds MAY have 'T' or sometimes an 'L' against the BOUNDARY that you have responsibility for.

However, this is the BOUNDARY and not the fence.

Responsibility for the fence will lie with whoever erected it. If it was erected by the previous owners of your property, then it's your responsibility. Ditto if it was next door - then it's their responsibility. If if was paid for jointly, then it is joint responsibility.

Some one wil come along in a minute and say "if its the left its your responsibility". I can assure you that this is utter claptrap.

Yup. Claptrap (that it's the left, that is!).

Sometimes an indication can be provided/deduced by checking the whole street. If every property owner believes they are responsible for their left hand fence, then that is likely to be the case (but may not be!)

Another indication (of fence, not boundary) ownership, is which side the posts are. Usually (not always!) the posts are on the owner's side of the fence.

You can download the Title Plan for the property (and neighbouring properties) from the Land Registry for £3 each.

If it's a new Development, the builders may also have provided Plans which may indicate ownership.

As others have said- since you are a tenant, this is not your responsibility though. Just write to your landlord formally advising him of the damage. Up to him to resolve with the neighbours and / or his insurance company.

zzzLazyDaisy

Also there is no obligation to put a fence up. If there is one there, it must be maintained in a safe condition. But if the panels blow down leaving a gap, as long as the fence is safe and the boundary can be discerned, that is sufficient. Of course if one side or the other has children or pets, they are responsible for ensuring that their creatures do not stray onto the neighbours land.

Land_Registry

As others have mentioned the first port of call would probably be your landlord.

You cna also take a look at our online FAQs and guide on boundary questions which will at least shed some more light on what may or may not exist re responsibility for the boundaries from a Land Registry perspective.

As others have mentioned already there can be information recorded on the land register but that is not always the case. And often the best way forward is compromise/agreement with neighbours although in your case that is likely to be a matter for the landlord.

kidmugsy

Our solicitor told us "The deeds say that everyone in the street is responsible for the hedge on their right, but the convention in the street seems to be that everyone assumes responsibility for the hedge on the left."

BlueScreenEuston

Thanks, I will inform them