Garden Fence

CheckDigit

Hello,

Recently, due to the storms, the garden fence between our terraced house and our neighbours house was basically destroyed and now needs considerable repair. I was wondering how to find out who is responsible for this? I purchased the title plan from the Land Registry and it doesn't seem to tell me much. The image simply shows a red boundary without any "T" or "H" indicating the owner (as per this article https://hmlandregistry.blog.gov.uk/2018/02/27/drawing-the-line-on-boundaries/). The previous owner of our house filled in a form entitled "Law Society Property Information Form" where she stated that the fence was the responsibility of the neighbour though I do not know how she came to this conclusion. 

I am thinking of going 50 / 50 in terms of costs but wanted some clarity about ownership in case they object.

Thanks

Bendy_House

So many of these cases coming up at the moment!

The first thing I'd say is...... chill.

There is no rush. No one can make you do anything you don't want to - unless you have rabid anismals that need keeping within your garden.

Ooop - need to take dawgs for walk. Will come back soon...

Bendy_House

Okay, back home.

A few things you can check. One is, when looking at your house from the road, on which side is this fence? (Not a given, by the way).

Another is, go and ask your neighbours if they know which fence is 'theirs'. Is there a consistency between the sides folk assume/accept is their responsibility?

Section62

Bendy_House said:

A few things you can check. One is, when looking at your house from the road, on which side is this fence? (Not a given, by the way).

Less than that.  About a 50/50 chance of getting it right.  There is no 'law' or 'rule' about which side boundary features a property owns or is responsible for.  It is urban mythology.

I would get hold of a copy of the neighbour's title plan.  If they are responsible for the boundary (and if there is a 'T' mark) then it will be shown in their documents, not the documents for the neighbouring property(ies).

Aylesbury_Duck

And a reminder that in most cases, responsibility for the boundary doesn't mean an obligation to pay for or even have a fence.  If you don't want a fence, you don't have to have one and your neighbour can't force you to have one if you're responsible for the boundary.  It's a little different if you have roaming pets.  If you're happy with no fence but your neighbour wants one, they're at liberty to install one inside the boundary.

In practice, it's almost always better to agree things with neighbours and share costs or agree who pays for what.

bob_a_builder

Section62 said:

Bendy_House said:

A few things you can check. One is, when looking at your house from the road, on which side is this fence? (Not a given, by the way).

I would get hold of a copy of the neighbour's title plan.  If they are responsible for the boundary (and if there is a 'T' mark) then it will be shown in their documents, not the documents for the neighbouring property(ies).

That may not always be the case ...
My actual Title plan from my Deeds shows nothing in relation to the fences  - only the border is marked in red
In another document in the deeds pack, which was clearly the original builders drawing it does show the T marks for all the properties 

kdotdotdotdot

Aylesbury_Duck said:

In practice, it's almost always better to agree things with neighbours and share costs or agree who pays for what.

^ this right here is the best advice you can ever find about fences. 

Instead of stressing out over who is responsible for a fence, just pop round your neighbour and sort it out between the two of you.  Paying for half a fence (that may or may not be yours) is well worth the price for a good relationship with your neighbours.