Who is responsible For Which Fence?

harrys_dad

What is the easiest way to find out which side fence a housholder is responsible for?

mlz1413

Go to the deeds for the house

harrys_dad

mlz1413 wrote: »

Go to the deeds for the house

Thanks, but what if the deeds are not easily available?

CLAPTON

harrys_dad wrote: »

Thanks, but what if the deeds are not easily available?

online access via the land registry?

pmlindyloo

CLAPTON wrote: »

online access via the land registry?

Do be prepared that the deeds won't help much! Supposed to be marked with a T but often aren't!

If it is not clear from the deeds then you will have to rely on what has happened in the past or come to some compromise with the neighbouring house owner.

ging84

it's the title plan you are after
search for your property here
http://eservices.landregistry.gov.uk/wps/portal/Property_Search
it will cost you £3
The fences will hopefully be market with T as mentioned, the T is usually meant to point in the direction of the land that is responsible for them, so if the T is on your land it's your responsibility, it's in your neighbours land it's their responsibility

HappyMJ

You have no right to expect your neighbour to install a fence though. They do not have to do anything if they do not want to. Same with you if you are requested by your neighbour to erect a fence. You can say no.

Johnhowell

Land Registry copies of Title Plan will unlikely have the boundary feature "T" marks on them. They do not record them.

Read the Title Register in detail. The boundary feature responsibility may be in the wording. Also, see if it mentions "Copy Plan on file" - you may be able to purchase a copy of the deposited original plan - does cost more ~£10.

May be possible to contact Mortgage company or Solicitors to see if they still possess the Deed pack when you purchased/re-mortgaged the property. It took us three mortgage lenders and solicitors to locate out pack.

Further to HappyMJ, you can always put a fence up on your side of the boundary.

Good luck,
John

Davesnave

ging84 wrote: »

it's the title plan you are after
search for your property here
http://eservices.landregistry.gov.uk/wps/portal/Property_Search
it will cost you £3
The fences will hopefully be market with T as mentioned.....

Yes, hopefully!

I've owned four houses and bought title plans for a few more, but still waiting to see one of these elusive T marks.

In my experience, strong fences do make good neighbours, but occasionally one has to fork out, regardless of who might be technically responsible. It's usually worth it.

Building_Surveyor

Check the title deeds, forget the plan unless indeed it is marked correctly. If it doesn't state it in the deeds then it is usually deemed as silent and therefore shared. However, many neighbours have simply come to an agreement over the years.

Certain types of fencing can also dictate who's responsible for which side. If you have the under side of the panels on your side (basically not the best looking side) then that's the side your responsible.

But start with the deeds then go from there. If it is a silent boundary, read up on the party wall act, the neighbour could refuse to take responsibility or even share the cost.

Richard_Webster

"T" marks are commonly on filed conveyances and transfer plans which are generally separate documents obtainable at extra cost from the Land Registry.

In many cases these do not exist. Before WWII most development was by builders building so they could let the houses they built - so they would build blocks of terraces and let each one - they owned the lot so fencing was a side issue. When these houses were sold off separately nobody really knew who had looked after which fence and the original builder couldn't care. There are thousands of houses like this.

Even in situations where there are"T" marks you have to distinguish between liability for the ownership/existence of the fence and liability to maintain it.

If a fence/wall causes someone injury then who has responsibility for it is very important! However if it is a question of making a neighbour to erect a fence then in most cases it is very very difficult, time consuming and very likely to fail!

Why? Well, fencing is a positive obligation and only enforceable against the person who originally entered into by the original beneficiary of that covenant. So A Ltd sells house to B in 1964 and obtains a covenant to maintain a particular fence. B sells to C in 1970 and gets a covenant form C to indemnity B if the fence is not maintained. C sells to D in 1980 and gets a similar indemnity covenant. The house then passes on to E, F, G, H, I and is presently owned by J. In each case the buyer gives an indemnity covenant.

So you are J's neighbour and you want him to erect a fence because there isn't one. You go back to A Ltd and tell the company that the fence isn't being maintained and ask them to sue B. They may not want to do this and even if they do they will want you to pay their legal costs. Their solicitor asks for £1,000 on account. They find B and sue him for damages for not maintaining the fence. B joins C to the action claiming an indemnity under the covenant. C joins D and so on....until I joins J who is the real culprit.

Of course this is not going to work! A Ltd probably doesn't exist any more and even if it did the chances of B,C.D,E,F,G,H, and I all being found are tiny, so the whole things is highly academic and much easier to go out and put in your own fence panels if you really want a fence there!