Tyneside flat- Help

mills705

I have recently moved into my first property after renting.

The title deeds are at home and I am at work but I have a nagging question!

I live in a street of Tyneside flats (1 up, 1 down) where there is a yard to the front which we both use as this is where the front doors of the property are, and to the rear is a garden which is mine since I am the lower flat (the upstairs has no way to access it).

In the front there are fence panels which need replacing, the wind today has made them worse. I wondered if anyone knew who was responsible for them?
They separate the front yard from the neighbors to the side of the property.

Would they be joint of all 4 flats or the two upper flats?

westernpromise

Typically the fence belongs to whoever has the posts on their side. You usually you have one fence you do own and maintain and, on the opposite side boundary, another that you don't.

If they are in front they're a common part and repair would normally be for everyone unless the lease says otherwise.

mills705

Theres not real 'posts', its concrete slabs which have a recess for the garden fencing to literally slide down into!
I am going to have to read my deeds and see what it says!

eddddy

mills705 wrote: »

Would they be joint of all 4 flats or the two upper flats?

I doubt that it's either of those options. The ownership of a fence isn't usually shared by the owners each side of it.

It'll probably be either the 'owner' (leaseholder) of your front yard, or the 'owner' (leaseholder) of next-door's front yard.

Assuming it's part of a terrace, each front yard owner is likely to be wholly responsible for the fence on one side of their yard. (e.g. it might be that every owner is responsible for the fence on the left side of their yard.)

sal_III

mills705 wrote: »

Would they be joint of all 4 flats or the two upper flats?

Why would you think it should only be the upper flat(s) responsible for the front of the property to which you too have access?

mills705

Its Tyneside flat unqiue to the North East.
I have heard rumours that since downstairs flats had access to the gardens then the yards belonged to the upstairs flats.

And since downstairs owns upstairs and vice versa hence my question of all 4 sharing responsibility!

Its not even a Terrace street either.
Imagine 2 flats in an L shape, with part of it being an extension making up the kitchen bathroom and this extends into the yard with the next door being exactly the same but in a mirror image. The fence panels in question separate the 2 front yards from each other and then the street. With the one parallel to the street crossing over the boundary line.

agrinnall

Anyone who doesn't understand the peculiarities of Tyneside flats (and that includes me) is likely to be giving answers that are irrelevant. It may be worth looking at this thread, in particular the post that gives a link to further information.


https://forums.moneysavingexpert.com/discussion/5818902/tyneside-flat-lease-extensions

eddddy

agrinnall wrote: »

Anyone who doesn't understand the peculiarities of Tyneside flats (and that includes me) is likely to be giving answers that are irrelevant. It may be worth looking at this thread, in particular the post that gives a link to further information.


https://forums.moneysavingexpert.com/discussion/5818902/tyneside-flat-lease-extensions

There's some better information here: https://www.wardhadaway.com/updates/tyneside-flats/

But it all really depends on who 'owns' the front yard (or whether it's shared), and then who owns the fences on each side of the yard.

If the OP doesn't know, they need to look at the lease plan.

mills705

I read up on the 'ownership' last night.

I couldn't really understand the words but got from the wordings that anything in red was mine on the plan and anything 'black and hatched' was shared.
This yard is hatched only- I have ordered the panels to come and will be asking the upstairs for half.
They rent so do I ask for the landlord details or pass a letter through and get the land lord to contact me?

agrinnall

You need to contact the LL, but the time to do it is before ordering the panels, as things stand you may end up paying for the lot. You also, in theory, need the agreement of the LL to remove the old panels and install the new ones, although in the circumstances it's unlikely that you would have a problem just doing it.

mills705

The panels bar one have already been removed- They were rotten and actually fell out. One yesterday due to high winds. So I have taken it to the tip. There is one more due to be replaced very soon as you can see the wood starting to move where it has been in place.

The bloke above also lost a piece of guttering which is dedicated to his property yesterday- his washing machine waste pipe.

Ill write a letter to the guy above as I very rarely actually see him asking for the LL details!