Where do I start - Boundary Responsibilties

PRS_2

With the bad winds this year two fence panels fell down, neither us nor our neighbour knew whose fence it was and neither of us had their deeds. I called the previous owners and they advised that we owned the left hand side (the side that had blown down) and at the same time mentioned that there had been previous problems with the other neighbour with the right hand side. He believed that he didn't own this and so when they had lived here and 3 fence panels had blown down he refused to replace these and for a quiet life our previous owners replaced them.

Yes you guessed it, 2 panels then went on the right hand side and that neighbour advised that it was a shared ownership (an agreement had been made between him and our previous owners) and so as we could get my dad to put up the fencing which would be cheaper than him getting someone in, he suggested that we get the fencing and put it up (at the same time cutting down the plants that are still attached to the hanging fence panel) and he would then give us half the cash.

Obvioulsy I don't want to be paying for fences and doing all the work for fences that are not our responsibility, as well as fall into a trap of cutting down his plants when I have seen on the net that he could then sue us for. I must admit I feel a little put out about this and taking advantage of our good nature.

I have been told that if we look at our deeds this will tell us which side of the fencing is our responsibility. We don't recall being sent these and was previously told by our solicitor that our bank (Natwest) should have them, when we called them they state they don't have them. I have called the Solicitors again today for confirmation especially when we requested through them a Boundary Premium Title Insurance Policy which supposedly stopped any Boundary Disputes and so I can only assume this would state who owned what ?

I also called the Land Regisitry today and spoke to them about it and they didn't mention that they could provide a copy of the deeds, only that we could download the register and then if it doesn't show the information to complete a OC2 Form for a Transfer Document.

I feel like I am going in circles. What are the best steps to take to make sure I have all relevant documents to resolve this dispute ? Supposedly when the previous neighbour showed their plan with boundaries from their deeds he disputed this and showed him his and they said they tried to explain that it was showing the he owned the fence and not them but he would not accept it (thats when they replaced the fence). If this happens with us who do I need to approach to get this in writing so this is finally put to bed ?

Many thanks for your help in advance

Paula

[Deleted User]

Check out the forums at www.gardenlaw.co.uk, they will have all the answers for you. Good luck!

dld2s

I think I would rather have a good relationship with my nieghbour than squabble over a few fence panels, it seems to me that a 50/50 split is a good deal for this.

As for the plants, ask him to cut them, if he is unable to and your father is doing it then he should get permission in writing for this and also he should be paid for his efforts by the nieghbour in this respect and not 50/50 as for the fence panels and labour for the fence panels, after all it's definitely his plants. I would also explain and get it in writing that your father accepts no responsibility for the health of the plants should he cut them the wrong way.

Legally I don't know how all this stands, but it's the approach I would take.

must-resist-ebay

Boundaries are funny things, the only way you will definately know who owns which one is if there is a reference to it either in your or your neighbours deeds. You can look up your house on the land registry website and it will let you download any relevant docs. you want the register and any conveyances or deeds that are available. read through them and see if they mention them.
If the deeds don't specify responsibility then it is a common boundary at which point you balance the cost of replacing the panels with the cost of a neighbour dispute.
If it was me and the deeds didn't show who owned the fence I would do as dld2s has suggested