How to find out who is responsible for a fence

Counting_Pennies_2

I wonder if you can help?


The information document when it came to buying our house said it was unknown whose responsibility the fences were either side of the boundary.


My neighbour has been in touch to say that the fence between us needs replacing. He says he thinks it is our fence. However no one has any proof either way.


Can you tell me if there is any way of finding out whose responsibility each fence is? Is there an historical document I can get from archives in the council or some other detail?


Many thanks

tanith

If all else fails couldn't you just share the cost with the neighbour?

Counting_Pennies_2

That is my preferred option, however he is insistent it is our fence despite no evidence, so it would be lovely to find out whose it is.

tanith

Does he have evidence that the fence on the other side of his garden is his? That might indicate that the one on your side could be yours. Or maybe ask other neighbours which side of the garden fence belongs to them, in our road everyone seems to own the fence on the left looking at the house from the road.

Counting_Pennies_2

He is the end of the line of a terrace, so gains an extra fence, so still uncertain as to whose fence is whose.


I am happy to pay halves but as the fence has not fallen down (damage was done to it when he did renovations to his garden) I am not prepared to pay for it all unless there is complete proof it is mine.


My understanding is it is the left hand side that is your responsibility. Or it was in a previous house I owned.

lincroft1710

The responsibility for maintaining a fence usually rests with the party who erected it and their successors in title.

However there is no law which says a boundary has to be marked by a fence, hedge or wall.

System

Counting_Pennies wrote: »

My understanding is it is the left hand side that is your responsibility. Or it was in a previous house I owned.

That is a common myth. There is no right side is yours, left side is mine type thing

The fence is owned by the person/house that paid for it. Deeds may stipulate who is responsible for the boundary but that doesn't necessarily mean that they are also responsible for the fence.

As things stand at the moment, either party can claim/disclaim ownership of the fence unless other evidence comes to light. Even if ownership is proved then there is still no legal duty to erect or keep maintained a fence

Primrose

You need tonrefer to the deeds of your property, which if yiunstill have a mkrtgage will be held by yiur building society, so ask them for a copy.
In the case od our house it is the right hand fences looking at the hiuse feom the street but every case is different.
Another clue might be that the baton/long wood strips which hold fence panels together are facing inwards towards the owner.s garde, but again this practise is not cast in concrete as sometimes the owners who have paid for fencing want to look at nice clear panels without the supporting downward wooden steuts.
Really the only sure way to check is on the deeds to your property.

Running_Horse

There is no legal responsibility to replace any fence, unless there is some kind of covenant. You can choose to have nothing there at all.

mgdavid

Primrose wrote: »

You need tonrefer to the deeds of your property, ......
Really the only sure way to check is on the deeds to your property.

in all likelihood the deeds are no help at all, as maintainance of boundaries is rarely mentioned in them.

Sewsosew

Just a thought, if you replace the fence then you can choose what it looks like.