who owns the fence

the_shreksta

i get my new build on friday and i will be looking to replace the standard supplied wooden fence as its just a cheap fence.

on my deeds i am responsible for the fence on the left as i look out the back window.......does that mean i own it and can replace with what i like?

ideally i will be looking at replacing the whole fence (both sides and across the back of the garden) but if i do not own any of them or only 1 of them how do i get around this?

i was thinking of inviting the neighbours around and asking their opinions,i am willing to pay for all work as i can get the posts and gravel boards pretty cheap or maybe free from work.

Warwick_Hunt

Speak to your new neighbours, the fence will be owned by the person who paid for it. When I bought a new build the builder provided the fence, we were told at the time the fences were jointly owned by the two adjoining properties.

the_shreksta

ok i will ask the question when i pick my keys up

happyandcontented

I was always told that it is the fence on the right as you face the property that is your responsibility.

Aylesbury_Duck

happyandcontented wrote: »

I was always told that it is the fence on the right as you face the property that is your responsibility.

Old wives tale. And responsibility for the boundary is a different matter to who owns the fence. I own the fence between me and one of my neighbours but they are responsible for maintaining the boundary should I decide to remove the fence I paid for.

jimfromcov

If the deed says you own the fence on the left, I'd suggest that that's your fence and you can do as you wish with it. Might be worth having a chat with your neighbour before you do anything though as whacking up a 9' fence (for argument's sake) might start you off on the wrong foot...

As for the other fences, I'd suggest that if you own your left fence, your neighbour on the other side probably owns the right, in which case they have the same right to do what they wish with it.

Logically i'd assume that the rear fence is joint owned, therefore you own the half of the fence on your side of the boundary line, so any works have to be agreed between the two of you under the party wall act. The neighbours may be happy for the works to take place and a quick chat is all it takes. This act doesn't apply to the fence you own, I don't believe, but the digging of holes for foundations for the posts may encroach over the boundary, so a conversation is worth having.

You say you're happy to pay for the changes yourself which is noble, but you never know, they might all decide to go in with you on the improvement and split the costs, so it's worth having a chat beforehand.

Ant555

the_shreksta wrote: »

ideally i will be looking at replacing the whole fence (both sides and across the back of the garden) but if i do not own any of them or only 1 of them how do i get around this?

Don't forget that there is nothing to stop you erecting a fence on your own land.

I am sure ts not a situation that you will find yourself in but if, say, neighbour on the right says he wants to keep that fence then you can put your own up and leave 'his' intact.

I am not sure what fence you are thinking of erecting around your own garden but even if you pay for your three sides, it does mean that neighbours on left and right have an 'odd/different' fence on just one side right from the start.

Hope this helps.

Enjoy your new house!

moneyistooshorttomention

I tend to take it with newly-built houses that the builder has probably followed the conventions on how to do fences. That being that one gives the neighbour the "good side".

So - I look at new houses and think, for instance, I've got "bad side" on the left and "good side" on my right. Therefore I probably do own the left-hand side and I probably don't own the right-hand side.

But it is only a "convention" and what people do to be decent/moral and it may be the case that even some builders aren't aware of conventions to be followed in that respect. Certainly, on some existing houses, there are the odd few houses where an existing owner has put up their fence and given the neighbour the wrong side and I suspect it varies according to what area of the country one lives in.

the_shreksta

Ant555 wrote: »

Don't forget that there is nothing to stop you erecting a fence on your own land.

I am sure ts not a situation that you will find yourself in but if, say, neighbour on the right says he wants to keep that fence then you can put your own up and leave 'his' intact.

I am not sure what fence you are thinking of erecting around your own garden but even if you pay for your three sides, it does mean that neighbours on left and right have an 'odd/different' fence on just one side right from the start.

Hope this helps.

Enjoy your new house!

thanks, the thing with putting a fence up on my property aswell would be that there will be a gap inbetween the 2 fences, it would look strange and who would be responsible for the thin strip running between the fences

Aylesbury_Duck

the_shreksta wrote: »

thanks, the thing with putting a fence up on my property aswell would be that there will be a gap inbetween the 2 fences, it would look strange and who would be responsible for the thin strip running between the fences

You, assuming the first fence is on the boundary.

the_shreksta

Aylesbury_Duck wrote: »

You, assuming the first fence is on the boundary.

would still look weird if you ask me. i will invite all the neighbours around and discuss my concerns/plans over a good ol cup-o-tea