How to find out who owns fence at property

suestew

Hi all

A fence has come down at my rental property, when I look at my paperwork I cannot find who owns what side and I know that it can be different for every property.

I have a copy of a Land Registry 'official copy of register entries' this has a plan attached but it only highlights the whole property in red (there are two flats) and nothing that actually marks the boundaries or fences in the garden.

Under Schedule of Restrictive Covenants it does refer to sections marked T but as stated above none of these are marked on plans. But underneath has a Note: that no copy plan referred to was supplied on first registration

How can I find out who owns what side?

Thanks

WestonDave

Given the lack of plan for your property probably your only option is to obtain the plan from Land Registry online of the neighbouring property and see what that says. Should only cost a few quid. If theirs is silent as well then it comes down to negotiation!

jamie11

I believe there's a formula for deciding who owns what, can't remember what it is for the life of me.

tizerbelle

Fences are owned by whoever paid to put them up or if they've moved on the person they sold the house to.

As far as I recall Land registry and deeds refer to boundaries not fences - i.e. the boundary of your property. There is no requirement to have a fence at all

So ask your neighbour if they know who put the fence up in the first place.

Edited to Add - Sorry you said your deeds mention "T" missed that - thought the deeds were silent on the matter.

As its flats - is there a freeholder to ask?

G_M

jamie11 wrote: »

I believe there's a formula for deciding who owns what, can't remember what it is for the life of me.

Sadly, there isn't. There are indications, but none are guarantees:

* the side with the posts is often the owner - but it depends if the owner who put up the fence followed this convention!
* sometimes in a street, each house owns the fence on the left (or right!), so asking all the neighbours can give a clue


Ultimately knowing who paid for/put up the fence is the only answer. Have you asked the neighbours?

My mum's fence came down in the winter (she's 89 & we are managing her affairs. We discussed with the neighbour, who didn't know, and just agreed to share the cost 50/50. It was easier than getting into a dispute.

jamie11

G_M wrote: »

* sometimes in a street, each house owns the fence on the left (or right!), so asking all the neighbours can give a clue

That's what I was trying to think of, I've seen it in a post somewhere from an expert property lawyer.

suestew

sorry to be a bit thick but to confirm the posts are the poles either side of the panel to hold it up right? so you can see them on either side of fence so how can you tell if they are your side? this is a bit difficult for me as I am quite far away from property & I go on what maintenance guy says who of course would like the work.

it's an old lady next door and I have no idea who put them up originally so can't check that way.

G_M

suestew wrote: »

sorry to be a bit thick but to confirm the posts are the poles either side of the panel to hold it up right? so you can see them on either side of fence so how can you tell if they are your side? this is a bit difficult for me as I am quite far away from property & I go on what maintenance guy says who of course would like the work.

it's an old lady next door and I have no idea who put them up originally so can't check that way.

Usually the panels are attached to the back of the supporting post, so the panels on either side meet each other. From the back, you would not see the post at all - just uninterrupted panels.

It sounds like your panels are attached to each side of the post (the post is between the panels) so the guide of 'which side is the post' does not apply.

and anyway, it is only a guide - you cannot rely on it.

agrinnall

It's not clear from your posts that when you say 'rental property' whether you are the tenant or the landlord. If you are the tenant then the answer is easy: not your problem, let the LL sort it out. If you are the LL then read the previous posts and make of them what you will.

Ulfar

Easiest way to find out is ask the neighbour.

I have just had to put up a fence inside my own boundary as the neighbours fence fell down. To someone buying or renting after them it wouldn't be immediately apparent as the posts are concrete with the panels slotted in.

suestew

thanks for advice all. hopefully the neighbour can throw some light on this although she is pretty old so doubt she had any documents to prove either way, hopefully she will pay 50%