Missing boundary fence on house purchase

Helpmenot

We’re been doing some gardening for our next house while the conveyancing has been ongoing. 

The house is detached but has around 12-14 meters of physical fencing missing. 

When inspecting the floor it’s quite clear the position the old posts were in. 

Our neighbour has fenced some of the boundary, and during a conversation he indicated that it was our responsibility to install the rest. 

The sellers have said on the conveyancing paperwork that the boundary is his responsibility. 

Any advice on where to go from here? 

Is it reasonable to ask that the boundary be fenced prior to exchange and let the seller decide who’s responsible? 

Or should be deal with this to rest assured that we know the situation going in. 

moneysavinghero

Not sure there is any legal obligation to have a fence. If you want a fence that it's up to you to buy fence (which would then become your responsibility as it is your fence.

davidmcn

You're buying what you viewed - if you were happy with the lack of fence, what's changed?

princeofpounds

Responsibility for the boundary does not mean responsibility to fence. The neighbour can put a piece of string up if they like. If you want a fence, you put up a fence.

greatcrested

Do you care if there is a fence or not? If not, no problem. If yes, install a fence.

(but why are you doing gardening to someone else's property? I hope you've got permission!)

eddddy

There could be some kind of enforceable covenant that says someone must erect/maintain a fence. Perhaps that's more likely on modern 'housing estate' developments.

Other than that, it's a case of reaching a goodwill agreement. Typically, whoever wants a fence, puts one up.



I guess you're referring to a question like this on the TA6 Sellers Property Information Form:

• 1.1 Looking towards the property from the road, who owns or accepts responsibility to maintain or repair the boundary features: 

You say that the only boundary feature is a partial fence which was put up by the neighbour (and perhaps is maintained by them),  so I guess it's technically correct to say the neighbour maintains/repairs the boundary feature.