Broken fence due to Storm

darrend2812

Hi all, hopefully someone can help clarify.
I am soon to be purchasing a property whereby some panel fencing has broken due to the not-so recent storm that hit the UK earlier this year. The fencing panels are not within my boundaries and therefore unable to fix myself. I am concerned that as this fence leads on to a communal car park that I am unsure who is responsible for this. 


Thanks, 
Darren

davidmcn

Your solicitor will clarify this during the purchase process. A couple of bog-standard fence panels is hardly a big cost anyway.

darrend2812

Thanks davidmcn, am I allowed to fix this even if I don't own that land though?  

davidmcn

darrend2812 said:

Thanks davidmcn, am I allowed to fix this even if I don't own that land though?  

If it's your fence you're allowed to fix it, yes.

Davesnave

And if it isn't, you can put something much more attractive in front of it. Problem solved.

greatcrested

So where is your boundary?

And where /how bad is the damage?

darrend2812

@greatcrested the boundary ends after the garage (blue doors) and therefore all fencing highlighted in the image is not owned by us. 

greatcrested

Ah! I had thought this was you back garden. So this is the front of the house and is (presumably) public highway. The end of a cul de sac?

Not really sure why it concerns you then. Fence is likely to be the council's responsibility, or perhaps the car park owner the other side. Either way, they may or may not care, and may or may not get round to repairing it in time.

princeofpounds

It may be worth a discussion with your solicitor about the boundary discrepancy if you aren't absolutely sure who owns that land beyond the garage - take photos and an aerial view if possible. The boundaries on the plan are not definitive and only serve as a guide to locating the boundary features 'on the ground'. Whilst it's probable that someone else does own it, it would be sensible to be clear on what the vendor thinks they are selling you vs. what they actually are selling you. Also if the owner of that land has any rights of way over your vendor's land.

Another thing you can do is try to identify the plot on the land registry website map search.

That said, there are a few options here.
- The fence belongs to the car park's owner. 
- The fence belongs to your vendor, who may or may not have taken possession of the land, but you just don't realise it yet.
- The fence belongs to a different property owner, perhaps an adjacent leasehold/freehold or an overarching freehold.

You haven't given us anywhere near enough information to figure this out.

What type of property is this? What is that land used for? Can you draw a plan?