Who is responsible for fence maintenance?

toxi

Hello everyone


I'm hoping that someone might be able to help me interpret who has the responsibility for the maintenance of my right hand boundary fence (as you look at the property).


My title deed clearly shows that I am responsible for the left hand boundary, with an inwards 'T' on the title plan. The title report I got when I purchased the property states that 'the walls and fences separating the property from the adjoining properties other than those marked with an inwards 'T' as shown on the plan are party walls and fences.


I have downloaded my neighbour's title and, as it is a council owned property, there are numerous properties on the same title. None of these show any inwards 'T's on any of the boundary walls.


Am I correct in concluding that the council and I are jointly responsible for the maintenance of the fence? The fence itself is a combination of wire sections (backed by outbuildings on their side), and wooden panels that are falling down (into my garden) in areas on either side of outbuildings. Ideally I would like to replace with wooden panels the whole length of the fence, so presumably I will need to come to some agreement with the council?

Many thanks in advance for any advice!
T

AnotherJoe

I dont believe you are correct, in two respects.
First, certainly usually, one side or the other is responsible not joint.

Second, being "responsible" could mean, you put two posts up and string a wire between them.
You could try an assumptive close with the council "hello Mr Council, the LR records show that you are responsible for the fences on these properties at 42-47 acacia avenue which have fallen into disrepair, see attached photos, please would you fix" or you could give it up as a bad job and just put your own fence up.

Lokolo

Can you confirm, when you talk about your neighbour, you are actually talking about the one on the right?

If you are talking about the one on the left, you have to maintain that fence.

need_an_answer

Being responsible for and the replacement of are 2 different things.
You could be jointly responsible for maintaining a boundary between the properties however it does not automatically follow that either can enforce the other to pay to erect a boundary.

If you want to put up a fence you can do so at your expense the council may contribute however you cannot force them to.

There is nothing stopping there being an invisible boundary.the choice is yours to make the boundary visible by the use of a fence.

Yellow_mango

Have you tried speaking to the person who actually lives next to you? (assuming it is a residential property and not a school or office or something else owned by the council).

toxi

Hi everyone


Thank you very much for your quick replies! I haven't yet spoken to my neighbour (and I do mean the one on the righthand side). They haven't exactly been the friendliest of neighbours - I've lived in the property for a year now, and have tried to introduce myself to them numerous times when I've known they were home and they've never answered the door - even when I saw them looking out the curtain right at me!! I stopped trying after that.


I'd be more than happy to pay for replacing the fence - I have wooden panels on the left & rear fences, so ideally would like to have the same on the right. I just wanted to check if I needed their permission/agreement.


I'll drop the council a line to see what their stance is, and maybe I might finally get to meet my neighbours properly if I need to liaise with them!


Thanks again
T

AnotherJoe

If the fence is on your land you dont need permission.

need_an_answer

As Joe says,if the fence is positioned on your side of the boundary on your land you don't even need their permission to put it up.That way if you don't want to knock their door and be ignored you don't have to.

It probably means you cant ask for a financial contribution from them and they will benefit from the privacy in the same way as you will,but there is actually no reason for you not to put a fence up,or that you need to seek permission from them or the council.