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Fence disputes

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  • TELLIT01
    TELLIT01 Posts: 18,000 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper PPI Party Pooper
    Section62 said:
    McKneff said:
    As Grenage says, .

    Pull it all down if you don't particularly need it. 
    Tell your neighbor if he wants
    a fence to sort it himself. 

    That'll teach him

    "unless explicitly stipulated in the deeds"

    My deeds, and those for most of the houses in the town I currently live in, state explicitly that I must keep and maintain a fence on the boundar(ies) I'm responsible for.

    Something to check before anyone decides to "Pull it all down".


    Even where it states responsibility for maintaining a fence, it would be rare for the type of fence to be specified.  If the OP is responsible and installs a 3 ft high chain link fence they will have fulfilled their responsibility.  The fact that the previous fence may have been 6 ft high close boarded would be irrelevant.  If the neighbour wants that type of fence they would need to erect it within their own boundary. 
    At the bottom of my garden there are 3 lines of fence/wall.  The first is the old chain link fence which actually marks the boundary.  Beyond that previous occupants of the house behind us constructed a concrete block wall, at at some later date a timber fence was erected even further into their garden.  I did once get a snotty note pushed through the door demanding that I cut back an elder tree.  I did respond, politely informing them that the tree was actually in their garden as it was beyond the wire boundary fence.
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Denny77 said:
    Since I moved in I have been berated by my neighbour, stating ownership of right hand side garden fence is mine, however the previous owner of my property stated on the TA6, Property Information Form, I am the owner of the left hand side fence.  As I live in a terraced property, so no alleyway close to me, I cannot be liable for both sides.  My question is, when my neighbour has stated that on their deeds I am liable for the right hand side, but the TA6 states otherwise, can I chase the previous owner of my property for putting wrong information on the form and how do i do this?  Their is no information on my deeds supplied by the Land Registry, but that only goes back to 1995, where these properties are from the 1930s.

    Any information you lovely people can supply, i would very much appreciate it. 
    Yu might be liable for both sides. My previous house was a former HA property which had been bought by the last owners but one. Both the neighbouring properties were still owned by the HA. I was responsible for the fences on both sides. Whether this was due to someone using boilerplate wording when they sold off the house, or intentional to reduce the HAs responsibilities, I don't know.  (although ironically, the HA did end up having to pay to replace the back fence as they or their contractors messed up and removed my unbeautiful but perfectly functioning back fence, presumably having either assumed that they owned all the houses, or having miscounted when they went along the back!) 
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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