How to write a boundary agreement? Replacing shared fence

MonkeyDr

Thank you in advance for any help.

How hard is it to draw up a boundary agreement? Do we need solicitors?

We own our (mortgaged) house, and our neighbour is a Housing Association tenant. We have a shared fence along the boundary between our back gardens, probably built around 7 years ago when our house was built (though we only bought it in 2014).

A year ago some fence panels blew down in a storm. The housing association initially said they would fix it, but dragged their heels and didn't do anything, so in the end we paid for someone to do a temp fix, so that we could actually use our garden safely. We really need to replace the fence.

The problem is that we don't really know who the fence belongs to or whose responsibility it is to replace. We don't have our deeds, and nor does our mortgagee, or the Land Registry. I understand that even if the deeds are found it may not clarify boundary feature ownership.

We have always said to the HA that if they confirm it is our fence then we don't mind footing the bill and sorting out the replacement. Unfortunately we can't really get anyone from the HA interested enough to care. There's no dispute, just a lack of response.

Our neighbour, the tenant, is lovely and just wants it sorted one way or another; she wants to work on her garden. No-one is suggesting that she should contribute. My concern is that we could spend money on it and then a new tenant might move in or the HA sell the property and all record of it being 'ours' might be gone such that they could change / damage it with impunity.

It seems that a 'Boundary Agreement' including re 'boundary features' might be the way to go, and I wondered if anyone had experience of doing these? Can it be as simple as a typed document that we and the HA sign? If we start entering the realm of solicitors etc then it probably stops being financially worthwhile for a simple fence, and we might decide to replace it anyway and risk taking the hit.

Thank you

MD

Doozergirl

Your deeds will not be lost, they are whatever is logged on your land registry title. Paper documentation in old format just won't exist for a new build freehold.

Most houses do not have deeds which clarify ownership of fences. Fences and boundaries are different things. No one is obliged usually to do anything other than mark a boundary. It could be a piece of string or stakes in the ground.

The owner of a fence is ultimately the person who paid for it. If you erect your own fence, then the best thing to is build it so it both sits inside your boundary and belongs to you. In theory no one can argue, they can erect whatever fence they want on their side too.

People will argue, whatever. Thankfully, you don't have that problem.

sgun

Do you mean that you want the HA to legally agree to share maintenance of the fence? Unlikely to happen as they have no vested interest in doing so. Someone must have some deeds somewhere, if no clarification on them then I think you will have to pay for the fence yourself. If HA did agree to share costs for maintenance are you prepared in the future to take legal action to enforce the agreement if they don't pay up?

MonkeyDr

Thank you both.

I didn't mean for the HA to share maintenance, just to co-operate enough to agree in writing somehow that it is either ours or theirs. If ours, we are happy to pay for new one. But without some documentation I guess there is a chance at the moment that we replace it and they come along and say that we had no right to touch their (rubbish) fence...

Our garden is quite small and I'm not overly keen on having two fences right next to each other.

MD

G_M

If you buy and erect a fence it is yours. Just keep the receipts for purchase and eretion as proof.

The issue is the old fence - before removing it you need to know who owns it as destroying someone else's fence might p*ss them off!

However since you say " probably built around 7 years ago when our house was built " it seems likely you own it.

You don't seem concerned about the cost so I recommend either

1) just get someone to remove/replace the existing fence. The tenant will be happy. The HA won't know, and given their lack of interest won't care
if they do find out.

or

2) Write to the HA explaining what you intend to do and give them 14 days to respond if they have any objection.

A boundary agreement will cost money to draw up. The HA will not be interested in signing it. If they DO agree, they'll refer it to their legal dept who will want changes to it (more cost). Mad idea.

MonkeyDr

Thank you G_M. V sensible advice.

We weren't sure of the formality level of a boundary agreement, but it certainly doesn't seem worth getting solicitors involved for something this trivial.

Our HA contact has left and the new one thinks that the tenant is responsible for the fence, not the HA. They are arguing it amongst themselves, but it actually makes our issue easier, as the tenant is more than happy for us to replace the fence, and the HA clearly doesn't care, so we can crack on.

(maybe we are being mugs in paying for it all, but it is a priority for us to make the garden toddler-safe by summer, and it has been dragging on so long that we just want it done)

Mojisola

MonkeyDr wrote: »

We own our (mortgaged) house

We don't have our deeds, and nor does our mortgagee, or the Land Registry.

Your house must be registered at the LA if you bought it in 2014.

Confirm that the 'paperwork' is there and the registration is right - if not, you'll have big problems when you come to sell.

PasturesNew

Just stick your own fence up, leaving the existing one standing.
Your fence, in your boundary. Job done.
Everybody wins.

Richard_Webster

If you have an agreement it will be expensive to enforce if there is an argument, so it may not be worthwhile going to the trouble of getting a formal agreement in the first place. G-M has given you pragmatic advice. I would take it.