Fencing and boundaries

wheezy57

Due to the dreadful weather parts of the fence dividing myself on both sides of my house have blown away/off. Can anyone tell me if there is a rule of thumb to determine who pays for the replacement fences. As I am in the middle I cannot afford to pay for everyones fence but would like to know how to go about this problem without upsetting anyone...

Rain_Shadow

wheezy57 wrote: »

Due to the dreadful weather parts of the fence dividing myself on both sides of my house have blown away/off. Can anyone tell me if there is a rule of thumb to determine who pays for the replacement fences. As I am in the middle I cannot afford to pay for everyones fence but would like to know how to go about this problem without upsetting anyone...

I had this happen last year. My neighbour and I went halves on the replacement fencing.

PasturesNew

Firstly get your deeds out, you can download a copy online for £3.

That should (might) have a coloured diagram that shows who is responsible for what.

Get your head round what that says/means .... then, knowing which are "yours" go out and door knock to see what other neighbours think.

You might knock on their door and they say "Ah, that's my fence, I've got to get round to that" .... in which case nod, smile and run away as that's one you don't have to pay for.

If you get to one that you know is theirs (as it's not yours according to your deeds), then whip out your deeds and point and say "this says ....."



The objective of the game is to get less clued up people admitting it's theirs.

[Deleted User]

Hi,

read this from a previous similar thread.

HappyMJ

wheezy57 wrote: »

Due to the dreadful weather parts of the fence dividing myself on both sides of my house have blown away/off. Can anyone tell me if there is a rule of thumb to determine who pays for the replacement fences. As I am in the middle I cannot afford to pay for everyones fence but would like to know how to go about this problem without upsetting anyone...

Whoever paid for it first would own the fence and be responsible for it's maintenance.

However, you can't force your neighbour to erect a replacement fence. They may be responsible for the "boundary" but they don't have to put up a fence if they don't want to. If they've got animals they have to erect a fence to keep them contained so if you don't have animals I'd just let the neighbour pay for a fence even if the deeds say you are responsible for the boundary. You could put a 1 foot picket fence on the boundary if you wanted to....it's a fence. Nothing in the deeds will say what design, height or material the fence must be.

wheezy57

Thank you all. The fencing was up both sides when I moved in ten years ago. To be fair Im surprised they have lasted this long but my garden looks like a complete eyesore with neither side seemingly bothered.

wheezy57

I have just got a quote for one side (7 panels) plus the end of my garden (which is my responsibility) and they say around £200 inc VAT and delivery. The other side is a different kettle of fish. The chap being a DIYer (but busy with family it would appear) and doesnt seem to be at all perturbed that there is a yawning gap between us. They have a dog, I have two elderly cats. We have always got on over the years and I dont want to wreck that. On the other hand i see it all and my heart sinks!

MisterBaxter

Some deeds will have 'T' marks on the boundary plans which shows who owns and is responsible for maintaining. In the absence of these marks ownership is silent. Even if your neighbour owns the boundary it doesn't mean that they have to renew it unless there is a specific covenant in the deeds that state that they do; they may however be liable for any injury to property or person if they failed to maintain.

If you really want or need a boundary fence and in the absence of any agreement with your neighbour you will have to go ahead and get the work done at which point you own the fence/wall that is erected.

People to tend to read the term 'maintaining the boundary' as meaning physical repairs whereas it simply means that you have to show that you have demonstrated that the boundary line exists and is still within your title.