Boundary fence dispute

nicolahowe

Hi, we are currently in a dispute over the ownership of a boundary fence.
In October 2015, we reserved a new build house off plan from a local developer, at this stage we negotiated on price/extras etc. We negotiated that instead of the 1.2m wire fence, they would include in the price of the house a 1.8m high feather board fence which would be on the boundary in between our house and the detached property to the left of us. We have a sales invoice stating this as part of the contract.
However, recently our neighbours are now saying that the fence legally belongs to them as on the land registry the "T" is on their boundary, and that the positive covenant states that the person with the "T" on their boundary is responsible for the repair, replacement and to maintain it. We moved in before them and the fence was erected by the developer prior to both ourselves and our neighbours moving in. The site plan clearly shows that a wire fence was to be originally erected, we believe because it was part of our sale agreement we should be the legal owners. Any help would be much appreciated. Kind regards to all, Nicola

da_rule

You may own the fence but your neighbours are, from the sounds of it, responsible for maintaining, repairing and replacing the boundary feature that divides your properties, which also happens to be the same fence.

Why is there a dispute? Who really cares? Just means that they have to pay to keep it in good repair, not you. Sounds like a win to me.

MysteryMe

Yeah, I'm not sure what the dispute is either. You may have paid for it but the neighbour may have been happy with the wire fence so you benefit from having privacy from the fence without the responsibility for replacing it. It's not like it is something you'd take with you when you move

sevenhills

nicolahowe wrote: »

However, recently our neighbours are now saying that the fence legally belongs to them as on the land registry the "T" is on their boundary, and that the positive covenant states that the person with the "T" on their boundary is responsible for the repair, replacement and to maintain it.

Neither side can go onto the others property without permission to maintain it, so each would maintain their own side. Its about co-operation.

POPPYOSCAR

How strange.

Why would you want ownership of something which you will be responsible for and ultimately may need to replace at some time?

I would let them have it.

nicolahowe

The reason, there's a dispute is because on the weekend my husband attached a smaller piece of fence to it. The neighbour became very abusive saying it was his and to take it off at once. We thought we could attach the 36cm piece of fence as we have paperwork from our contract of sale but the neighbour insists it is his and that we can not touch the fence as it is on his boundary.

sevenhills

nicolahowe wrote: »

but the neighbour insists it is his and that we can not touch the fence as it is on his boundary.

The boundary is shared, or its on his land or your land. Not a very nice neighbour!

Reed_Richards

There is nothing to stop you building your own fence on your side of the boundary. There may be restrictions on how high you can make the fence, however. A maximum of 2 m is common, I understand, so 1.8 + 0.36 m might be taller than your local authority would allow.

25_Years_On

He might be responsible for maintaining the boundary but that doesn't make the fence his. I'd say it depends on which side of the boundary the fence posts are.

comeandgo

If the positive covenant states the fence is theirs, then it is theirs. you Have paid for extra privacy.

scd3scd4

Just out of interest, is there a better side to the fence and what side is it on?