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How can I find out which fence I'm resposible for.

I know I'm resposible for one side but can't remember which one. It was detailed in the documents that we got when we bought the house but I can't seem to find them. Can anyone think of a quick way of finding out?

Comments

  • anselld
    anselld Posts: 8,368 Forumite
    First Post First Anniversary Name Dropper
    Download the title deed and plan from Land Registry for £6.
  • Hi, thanks for this. I have just downloaded both of these. Whereabouts should I be looking for the answer to which side of the garden I am responsible for. I can't see it anywhere.
  • Not sure this will answer your query but ours has a red 'T' that indicates which side is our responsibility.
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  • phill99
    phill99 Posts: 9,093 Forumite
    First Anniversary 10 Posts
    Do not get confused between a 'boundary' and a 'fence'. The deed plan will normally identify only which BOUNDARY you are responsible for by way of a T or L on the plan. Occassionally, there will be a written condition to maintain a fence or hedge on the boundary.

    In answer to your question, the person responsible for the FENCE is the person who erected it.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • Land_Registry
    Land_Registry Posts: 5,961 Organisation Representative
    Part of the Furniture Name Dropper 10 Posts
    edited 14 April 2015 at 12:29PM
    Hi there

    I am afraid it as often the case that we do not have information on who owns which boundary which really depends on what arrangements were agreed to and formulated by the parties involved in drawing up the deeds. Plus there isnt any legal presumption as to whether boundary responsibility falls to the left or right hand side of property.

    You might take another look at the register ( and your neighbour's) and see if there are any Conveyances or Transfers stated to be 'filed' as these may contain clauses about the maintenance of boundaries.
    Please see on the GOV.uk website https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds guidance on how to obtain filed deeds.

    Where deeds are silent on this subject its really a matter of discussion and agreement.

    Also you might find helpful our blog on boundary matters generally http://blog.landregistry.gov.uk/drawing-line-stand-boundaries/

    Although it's not directly a Land Registry issue, I d also just mention the Party Wall Act 1996 which provides the legal framework for neighbours when work/repairs etc need doing to boundary structures
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  • orionmoo
    orionmoo Posts: 121 Forumite
    How does it work if all boundaries are shared and the current fence is that erected by the developers. Who owns the fence, would both parties be jointly responsible for it or can one party replace the fence and then it becomes their property?
  • movilogo
    movilogo Posts: 3,198 Forumite
    Photogenic First Post First Anniversary Name Dropper
    Sometimes it is not easy to figure this out. The first house I bought, it had T marks to indicate which fences belong to me. The second house I bought was an older property and had no such marking in the plan!

    The seller could tell ownership of fences on 2 sides but could not confirm who owns fence at rear (it is common to another house). Till date I don't know who actually owns that fence!
    Happiness is buying an item and then not checking its price after a month to discover it was reduced further.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary First Post Name Dropper
    The ONLY certain way to know who owns what fence is to talk to your neighbours and agree who owns which. You might have it on the property information form from when you bought, but it's really only the previous owner's opinion.
  • gollum007
    gollum007 Posts: 311 Forumite
    First Anniversary First Post
    I've always found that in the real world, a fence belongs to the person who cares about it enough to spend some money, whether or not they are 'legally' responsible ;)

    Sure, we see posts from people jumping up and down over inches or trying to get their neighbors to do stuff, but that's the exception not the rule.

    -Gollum
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