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Landlord refusing to pay for a new fence

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  • Guest101
    Guest101 Posts: 15,764 Forumite
    I'd suggest you put up your own fence, with Landlords permission, inside the boundary.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    9.99 from screwfix here + £26 here(or cheaper 2nd hand).
  • martindow
    martindow Posts: 10,568 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Dunk91 wrote: »
    The fence is pretty much f*****, it wasn't even done properly, posts weren't drugged
    That's good to hear - just say no!
  • Slinky
    Slinky Posts: 11,027 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    glasgowdan wrote: »
    The land registry tells you who paid for and put the fence up??? Interesting.

    Sometimes it does! Or at least A fence at some previous point in time. The house we're buying, our neighbour's property title refers to:

    The Conveyance dated 20 December 1965 referred to above
    contains the following provision:-
    "TOGETHER with the fence erected on the side marked 'T' on the said
    plan within the boundary
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  • Guest101
    Guest101 Posts: 15,764 Forumite
    Slinky wrote: »
    Sometimes it does! Or at least A fence at some previous point in time. The house we're buying, our neighbour's property title refers to:

    The Conveyance dated 20 December 1965 referred to above
    contains the following provision:-
    "TOGETHER with the fence erected on the side marked 'T' on the said
    plan within the boundary
    A fence that lasts 52 years? Impressive!
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, as others have said, it's unlikely that you could force anyone to repair or replace the fence, even if you establish who it belongs to, so putting it up yourself is the best option. As you mentioned that the church houses missionaries next door you could also call round ans ask whether they are willing to help - perhaps as good, christian neighbours they'd be willing to help out, or even to speak to their church about putting a fence on their side of the boundary.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • No-one is obliged to erect a fence. They can leave it open if they wish.
    (AKA HRH_MUngo)
    Member #10 of £2 savers club
    Imagine someone holding forth on biology whose only knowledge of the subject is the Book of British Birds, and you have a rough idea of what it feels like to read Richard Dawkins on theology: Terry Eagleton
  • Land_Registry
    Land_Registry Posts: 6,152 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    May or may not help here but some points that refer to the general issue of boundaries from registration experience in England and Wales

    There is no norm - every single boundary and every single landowner/neighbour are different when you put the two together

    The land register/deeds may help. Often they won't but again there is no norm for the reason already mentioned

    A 1965 Conveyance may help to understand how the responsibility was set out at that time. But it may not be legally binding now partly for the same reason already stated above. But also because with each change of ownership if the new owner did not agree to 'observe and perform the covenant'

    Some titles refer to boundary agreements or determined boundaries which may help but for the reason already stated above this is not the norm. There are 24 million registered titles and there are very few agreements/determined boundaries noted, again for the reason already stated above

    Modern advice now includes putting a fence up inside the boundary line - that can solve the issue but I've seen first hand how it can create another issue when you get a new neighbour who thinks that fence is the boundary line, mainly for the reason already stated above.

    There is no law about having to have a fence or any other physical feature to denote the boundary. The exact legal boundary is essentially an invisible line. And fences, walls, hedges etc have been used for centuries to keep people/animals both In and Out

    So the bottom line tends to be try and talk to your neighbour, landlord or whoever is affected. Share any details, registered (if any) included, and understanding. If you find 'a view' online, inc this one, that works for you all then go with it. Nobody else is likely to intervene on your behalf. And then formalise it in some way, if you all want to. If you don't then it may not bind the next neighbour/owner and you are back to the reason already stated above

    Our blog articles on boundaries may also be of interest to some
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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