Whose fence is it?

kellyt86

Hi all,

We have a classic issue of whose fence is it anyway? We have a damaged fence on our right as you look down the garden (was already damaged and the winter winds have made to significantly worse)

Next door rent and have spoken to their landlord who is adamant not his fence.

When we moved in, in August we were told that our boundary responsibility was the left and back.

Fence panels on both sides face inwards with the posts showing in our garden.

If the right side is our responsibility we will of course replace it. But don't want to if it's not us.

Also if the right is ours then the other neighbour would have responsibility for two sides as he is at the end.

Next door claim to not have an address for the LL but I paid the £3 and looked it up from land registry, so have it and could write to him.

The land registry plans do not show the boundary responsibility so just looking for advice really on what to do next?

Thanks for any help you can provide!

Mojisola

kellyt86 wrote: »

The land registry plans do not show the boundary responsibility so just looking for advice really on what to do next?

In that case, you can ask the LL next door if he will replace the fence but if he chooses not to do so and you want a fence along the boundary, you will have to pay for one.

bryanb

There is no obligation for anyone to fence their land unless it's a covenant in their deeds or lease.

jackomdj

kellyt86 wrote: »

Also if the right is ours then the other neighbour would have responsibility for two sides as he is at the end

In each row of houses, if you have responsibility for one side, one of the end houses will have responsibility for both sides.

kellyt86

Ok thanks all,

Looks like will have to buy new fence panels!

flashg67

Can you ask the LL if they'll share the cost -worth a try? If he cares about his property he might agree?

cheddar_caveman

When our fence got demolished last year I bought the material and my neighbour did the work. Job done! Be good neighbours.

Johnhowell

Land Registry do not record the boundary feature responsibility. You need the original deeds. Look on the Land Registry version and see if "copy filed" is listed against the entries. If it is then they have a copy of the original deeds and you can get a copy - but you will need to post a form to them and not the version "downloadable" on line.


If not, contact your solicitor or mortgage lender to see if they have them.


I have just exchanged contracts on a house and in answer to a query about access I received a copy of the original deed. This has about twice the number of entries when compared to the Land Registry copy. Land Registry are only interested in ownership NOT the responsibilities for that owner!


Good luck,
John