Fence ?

Shiloe

Hi all ! The whole fence and boundary dispute causes me a great deal of confusion!


We live in a bought home (so does our neighbour) and they paid the development builders to erected a fence during the building process of their house. Now the fence appears to be erected along the boundary line as there is equal distance between both homes and the fence.


However they paid for 100% of the fence as they didn't discuss this with us prior to it being put up.


My question is legally who owns the fence? As it is half on their land, half on ours. Could the neighbours decide one day to take own the fence without consulting us?

Silver-Surfer_2

Shiloe wrote: »

Hi all ! The whole fence and boundary dispute causes me a great deal of confusion!


We live in a bought home (so does our neighbour) and they paid the development builders to erected a fence during the building process of their house. Now the fence appears to be erected along the boundary line as there is equal distance between both homes and the fence.


However they paid for 100% of the fence as they didn't discuss this with us prior to it being put up.


My question is legally who owns the fence? As it is half on their land, half on ours. Could the neighbours decide one day to take own the fence without consulting us?

It's their fence if they paid for it.

prosaver

Loanranger

You will own the fence on the other side of the garden but you should look at your deeds as this should be marked in red and with a 'T' symbol.

Silver-Surfer_2

Loanranger wrote: »

You will own the fence on the other side of the garden but you should look at your deeds as this should be marked in red and with a 'T' symbol.

Not if the other neighbour bought it.

Norman_Castle

Shiloe wrote: »

My question is legally who owns the fence? As it is half on their land, half on ours. Could the neighbours decide one day to take own the fence without consulting us?

They own it. If the boundary does run through the center of their 3"? fence posts you could ask for it to be moved onto their property but this won't make you popular.

the fence appears to be erected along the boundary line as there is equal distance between both homes and the fence.

Its unlikely the boundaries are accurate enough to make all gardens exactly the same size.

SailorSam

Loanranger wrote: »

You will own the fence on the other side of the garden but you should look at your deeds as this should be marked in red and with a 'T' symbol.

That's an old wives tale. Whoever paid for the fence owns it.

Shiloe

Forgot to mention we live in Scotland (don't know if that changes anything).

Hmm if I had known that I probably would have insisted on the fence being built on 'their' side as there is no benefits to me allowing it to straddle into my land.

Problem is the small amount of distance they have gained by doing this they are launching a planning application to build an extension at the side of their house where this fence is. My concern is they rip the fence down to build. However they have no legal right to stand on my land to build their extension so not 100% sure how that will go down.

Silver-Surfer_2

Shiloe wrote: »

Forgot to mention we live in Scotland (don't know if that changes anything).

Hmm if I had known that I probably would have insisted on the fence being built on 'their' side as there is no benefits to me allowing it to straddle into my land.

Problem is the small amount of distance they have gained by doing this they are launching a planning application to build an extension at the side of their house where this fence is. My concern is they rip the fence down to build. However they have no legal right to stand on my land to build their extension so not 100% sure how that will go down.

This is where expensive disputes come in. How do you know the fence isn't 100% on his land?

Shiloe

It was the developments builders that erected the fence; they explain it was going to built right down the middle of our properties.

Shiloe

Plus the fence 'ends' (the part that blocks the access to the gardens) was built on both sides; ours and theres, which secured our garden.

However how does this work if legally this is still classed as theirs? As that part is clearly without dispute on our land.

Oh and also they changed half of the shared 'front garden' directly in line with 'their' side of the fence line i.e accepting that was their boundary line.