Confusion over who has responsibility for fence

Matt_2020

greatcrested said:

Matt_2020 said:

davidmcn said:

What evidence would you be presenting them with? Have you actually checked your (and their) titles?

Well at the moment I just have the property information form (completed by the previous owner)

Well - and what exactly does it say? I can't read it from here????

This comes up so often we really need a stickie......

Ok so in the property information form under the section on boundaries, there is a question which says 'looking towards the property from the road, who owns or accepts responsibility to main or repair the boundary features'. For the boundary to my left (my neighbour), the previous owner has ticked that my neighbour is responsible.

greatcrested

So according to the previous owner, your neighbour is responsible. Of course, the preious owner might be wrong. If so you might have a case against your seller for mis-informing you on the PIF, but frankly any case you bring against him would take ages, cost money, have an uncertain outcome, and not be worth pursuing.

So - back to the real question: who owns the fence? And does whoever owns it have an obligation to maintain it? Assuming (as is likely) there is nothing in the Title documents, and no specific covenants, both these questions will be hard to answer in law. Again, not worth pursuing.

By far the best solution is to reach an amicable agreement, compromising if necessary eg share the cost of a new fence 50/50.or even pay for new fence on the bondary yourself if it's you that wants it and the neighbour does not - but at least get his agreement to place it on the boundary.

Failing that, erect a new fence on your own land, leaving the cr*ppy fence as it is.

davidmcn

Matt_2020 said:

davidmcn said:

What evidence would you be presenting them with? Have you actually checked your (and their) titles?

Well at the moment I just have the property information form (completed by the previous owner) and an email from my solicitor to go on. I have looked at my title plan and register and it doesn't give any clue as to who is responsible for that boundary.

So what exactly did your solicitor say? Did they just pass on what the vendor said, or did they find something in the titles which you haven't spotted?

Matt_2020

davidmcn said:

Matt_2020 said:

davidmcn said:

What evidence would you be presenting them with? Have you actually checked your (and their) titles?

Well at the moment I just have the property information form (completed by the previous owner) and an email from my solicitor to go on. I have looked at my title plan and register and it doesn't give any clue as to who is responsible for that boundary.

So what exactly did your solicitor say? Did they just pass on what the vendor said, or did they find something in the titles which you haven't spotted?

They didn't have anything extra to add and just referred me to the property information form that was completed by the vendor.

Soot2006

If it's really just issues with damaged fence panels, I've not yet a fence owner that wasn't happy for someone else to pay for the repair when they couldn't be bothered. I'm sure some such fence owners exist, in which case put your own fence up next to theirs.

My elderly neighbour is responsible for the fence, which is falling apart/rotting, but I am responsible for keeping my dog on my own property. Catch 22. I didn't want a new fence as it would ruin some lovely vegetable.  A nice chat later, I have patched up her fence on my own dime and we're both happy. Vegetation saved, dog contained, fence not quite as rotten.

Mickey666

Matt_2020 said:

Comms69 said:

It doesnt matter, you're missing the point.

No matter who owns it, there's no obligations to repair it. You want a fence, put one up. 

I apologise I am new to the whole business of home ownership. So I could just put in new fence panels as and when they need replacing to improve the look of my garden and then when it is time for me to sell just put 'unknown' on my property information form for who is responsible for the boundary? 

Boundaries and fences are different things, albeit related.  A boundary is really just an imaginary line for which there is no real responsibility as such, it’s just an arbitrary definition.  However, to physically mark a boundary it is common practice to install a fence of some sort (there are obvious privacy issues as well, but that’s more about personal choice).
Anyone can erect a fence (subject to height rules) without permission, but ONLY on their own land.  This is where disputes about encroachment often arise, with one neighbour accusing the other of stealing a strip of their land.  The best way to avoid this is to discuss thing before anything is erected so all parties agree.  Photos of the end result are also a,good idea in case of future disputes. 

If you pay to erect a fence then it is your property and your neighbour should not interfere with it.  As for ‘responsibility’, it is rare for anyone to actually have true responsibility for maintaining a fence, in the sense of being legally forced to maintain it.  If you don’t mind it falling down then you don’t HAVE to maintain it.  In fact, if it is your fence you could remove it completely if you wished.  If a neighbour didn’t like it they could not force you to replace it.  However, they could of course then erect their own fence on their own land, which would then become their property.

Having said all that, the phrase ‘good fences make good neighbours’ is usually very true and ‘good fences’ also usually begin with neighbours talking to each other sensibly.