Rear fence needs repairing

BananaRepublic

I discovered a week ago that several large wooden panels of my rear fence and a post were down. I’ve owned this house for 7 years, and the rear fence was erected on the boundary just before I bought the house with the original owner and the neighbour splitting the cost. According to my deeds I am responsible for the boundary.

Anyway, last weekend the neighbour came round, said no-one was responsible for the boundary and that we should split the cost for the repairs. He is getting quotes.

Is this a good idea? It seems to me that if he gets the receipt, then in 5 years he owns the land the boundary is on, since he has the original receipt too. But I don't want to replace the fence!

I rearely speak to him, but he’s friendly enough, albeit a bit obsessive/controlling.

Le_Kirk

If you search this forum you will find loads of posts about this very subject. No one owns their boundary, it is an imaginary line delineating the land belonging to different properties. You own the land on YOUR side of the boundary and your neighbour(s) own the land on their side. On deeds it sometimes shows fences (not boundaries) with T marks on them, which people (sometimes) use to decide/suggest who owns or is responsible for the fence. In practice, if you buy and erect the fence on YOUR side of the boundary, it is yours to keep and maintain.

BananaRepublic

Thanks. So you are saying that even if he pays 100% for the fence, the boundary remains ‘shared’ so to speak?

I realise that if I construct a fence on my side, it’s mine.

sevenhills

If you pay towards some or all of the fence, then you have a say in its material and height, splitting the cost is a good idea, but not compulsory.

Mojisola

BananaRepublic wrote: »

According to my deeds I am responsible for the boundary.

BananaRepublic wrote: »

So you are saying that even if he pays 100% for the fence, the boundary remains ‘shared’ so to speak?

The boundary will still be yours; the fence will be his and he can make all the decisions about it.

BananaRepublic

Thanks again. Obviously he wants to decide the nature of the fence - I said he was a bit controlling -but I’m happy with the current one, apart from the damage.

Mojisola

BananaRepublic wrote: »

I discovered a week ago that several large wooden panels of my rear fence and a post were down.

But I don't want to replace the fence!

BananaRepublic wrote: »

Obviously he wants to decide the nature of the fence - I said he was a bit controlling -but I’m happy with the current one, apart from the damage.

If he wants you to share the cost of a new fence, then decisions about it should be joint.

You say you're happy with the fence - are you planning to put the fallen panels back up? If you want to repair the fence (or even leave it in the current stage), do so and tell him that he can put his new one up on his side of the boundary.