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Boundary Dispute Advice Please
gspringe
Posts: 27 Forumite
We moved into a house a few years back.
The boundary fence at the end of the garden was completely dilapidated, covered in ivy and falling apart.
On the Transfer of land document the T is clearly in the gardens of the 2 semi detached houses backing onto the fence. Neither wanted to repair the fence. The house on the right said he did not want to do anything with it and we should put up with it.
Last year the owner of the property on the left backing onto the fence, decided to rip down the ivy and put up their own fence. We then removed the dilapidated fence from their side. Between the new fence that they put up and the old dilapidated fence is a concrete post chain link fence. This means that the old fence is actually on our side of the chain link fence.
If any of this is making sense (hope it is), does this mean that the old fence on our side of the chain link fence belongs to us??? And that the people backing on are responsible for the chain link fence and whatever goes up on their side? Does it mean that the chain link fence was the original boundary line erected by the developers?
The boundary fence at the end of the garden was completely dilapidated, covered in ivy and falling apart.
On the Transfer of land document the T is clearly in the gardens of the 2 semi detached houses backing onto the fence. Neither wanted to repair the fence. The house on the right said he did not want to do anything with it and we should put up with it.
Last year the owner of the property on the left backing onto the fence, decided to rip down the ivy and put up their own fence. We then removed the dilapidated fence from their side. Between the new fence that they put up and the old dilapidated fence is a concrete post chain link fence. This means that the old fence is actually on our side of the chain link fence.
If any of this is making sense (hope it is), does this mean that the old fence on our side of the chain link fence belongs to us??? And that the people backing on are responsible for the chain link fence and whatever goes up on their side? Does it mean that the chain link fence was the original boundary line erected by the developers?
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Comments
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Deeds aren't usually clear as to who is supposed to own a fence. It usually gives responsibility for marking the boundary , which is not the same as a fence. It could be a piece of string or stones on the ground. Both parties can erect fences if they want to.
The reality is that not all neighbours agree on what should go in and when, so even if the deeds are clear on who should actually erect a fence, it doesn't mean that actually happens on the ground. A fence belongs to whoever paid for it and it doesn't always correlate with the boundary - in fact a boundary has no height width or depth, so the fence can never be an entirely accurate.
It certainly sounds like the rotten fence was yours!
How old are the houses? Chain link fences were common as the original boundary treatments in mid-century houses.
You need to remove the idea of fences and boundaries being the same thing.
You don't have a boundary dispute.Everything that is supposed to be in heaven is already here on earth.
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Hi. Thank you for your reply.
The house was built by Wimpey homes in 1969.0 -
Sounds about right!
I'd leave the original fence and erect your own in front of it, if you want another fence.Everything that is supposed to be in heaven is already here on earth.
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Strange they didn't think to tell you the fence was yours and on your side of the chain link fence, Always keep the original chain link posts the developer hopefully placed in the correct place.0
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