Unsure over boundary/fence ownership

Sazarina88

One of the fences in our garden needs replacing.

We do not have any paperwork that gives details on ownership. The deeds have no T marks. When the other fence went, we agreed with our other neighbours that it was a shared responsibility so paid 50/50.

The neighbour for the fence that needs replacing now has a Seller Property Information Form from 2007 where the seller has ticked that the boundary is ours. He's also saying he has checked with other people on the street and they all believe the same, one boundary is theirs, one boundary isn't.

We have nothing to dispute that but it seems unfair that the responsibility falls to us because the previous owner of the house next door has ticked so on a form.

Can anyone offer any advice? We are happy to pay for the fence so do we accept ownership?

System

Check the neighbour's deeds as well. If neither yours not theirs have T marks then it is shared.

If there are T marks but nothing written in the deeds about the T marks then it is shared..

A dwelling is only responsible for a boundary (legally) where there are T marks AND the T marks are referenced in the wording in the Deed.

Note that responsibility for a boundary has no connection with ownership of any fence on the boundary. Ownership is based on the ability to prove who purchased the materials and erected it, not a tick by the previous owner of the neighbour's house on the SPIF. The tick only indicates that the vendor was not accepting ownership. If you don't accept ownership then you and the neighbour need to treat it shared and come to an arrangement, or, if you are not bothered ignore the state of the fence and let the neighbour deal with it.

Playing Devil's advocate. If you have proof that you paid for the fence and are not worried about it, give the neighbour permission to remove the fence and erect his own abutting the boundary but not crossing it. However, it's you that has to live with what then gets erected.



Responsibility for a boundary only needs to go as far as some 6 inch posts marking the boundary, no requirement to erect a fence

Sazarina88

Neither deeds have any kind of markings. He keeps coming back to the SPIF and trying to say its our responsibility to put up a new fence. He wants to be sure so that when he comes to sell he knows what info to pass on.

We're happy to pay for a new fence to go up regardless.

So... I'm thinking it's best to pay for the new fence, keep documentation to show we paid fully for the fence and therefore the fence is ours. But insist that we still believe the boundary is shared.

AnnieO1234

I would erect another fence just inside the boundary leaving the other fence in place. Xxx

Sazarina88

The existing fence is flat at the moment so not really an option to leave it. Should we ask the fence company to erect the new fence inside the boundary on our side then?

SailorSam

Garden fences are probably the biggest thing that neighbours fall out over. There are plenty of sites on the Internet that go into all the legal whys and wherefors.
http://www.inbrief.co.uk/neighbour-disputes/ownership-of-fences.htm#

carefullycautious

A friend of mine has just found out that the right hand fence of each garden of his block is the owners responsibility. This was checked and verified by land registry. Hope this helps

[Deleted User]

Hi,
a similar thread here a few days ago.

System

carefullycautious wrote: »

A friend of mine has just found out that the right hand fence of each garden of his block is the owners responsibility. This was checked and verified by land registry. Hope this helps

Not really. Only what the deeds say decide it. This will possibly be different for each and every house

System

Sazarina88 wrote: »

The existing fence is flat at the moment so not really an option to leave it. Should we ask the fence company to erect the new fence inside the boundary on our side then?

If YOU want a fence (possibly for privacy or because you have an animal that needs to be contained) then go ahead and put one up, otherwise remove the remains and maybe put up a single strand fence at minimal cost

Loanranger

In our road it's the left hand fence. That is, standing in the road and looking at the house, the fence on the left hand side is ours.