Difference between perimeter and boundary fence

rednalslim

I am a leaseholder of a maisonette within a block owned by a housing association. I have my own garden where the rear fence runs alongside a public pathway. The gate was kicked in by youths and needs replacing. On checking my lease, the HA are responsible for all perimeter hedges walls and fences of the estate. There are properties where the garden boundaries are within the Estate and I can see why these would not be classed as perimeter but I believe my fence forms part of the perimeter as it borders the public pathway. Initially HA said they were responsible for the fence but not the gate (?) And now I'm pursuing through their complaints team, they say my fence is a boundary fence  and not a perimeter fence and a surveyor will be ringng me to explain the difference. 
Any advice would be appreciated 

eddddy

My wild guess would be as follows...

• Somebody at the HA hasn't fully understood, and is explaining it badly to you.

• When the maisonette leases were first granted, there were some fences included in the lease. The HA is responsible for maintaining those fences.

• Since then, some leaseholders have put up new fences. The HA isn't responsible for maintaining those fences put up by leaseholders.

• So the argument is about whether your kicked-in fence was there when the lease was first granted, or whether a leaseholder put it up later.

• (And originally, the HA thought it was one of their original fences, and a leaseholder had put their own gate in the fence. So they said they would repair the fence, but not the gate.)

But like I say, that's a bit of a wild guess.

Grumpy_chap

rednalslim said:

I am a leaseholder of a maisonette within a block owned by a housing association. I have my own garden where the rear fence runs alongside a public pathway. The gate was kicked in by youths and needs replacing. On checking my lease, the HA are responsible for all perimeter hedges walls and fences of the estate. There are properties where the garden boundaries are within the Estate and I can see why these would not be classed as perimeter but I believe my fence forms part of the perimeter as it borders the public pathway. Initially HA said they were responsible for the fence but not the gate (?) And now I'm pursuing through their complaints team, they say my fence is a boundary fence  and not a perimeter fence and a surveyor will be ringng me to explain the difference. 
Any advice would be appreciated 

Is the "public pathway" actually public?
It could be that the "public pathway" is actually a path that is privately owned (demised to the maisonette block) but open and used by the public.
I am imagining that there is another boundary (which may or may not be fenced) on the other side of the pathway which is the "perimeter" of the estate and your fence is then simply the boundary fence of your maisonette.
What do the deeds of your long lease indicate with regard to responsibility for fences associated with your maisionette?

rednalslim

Thank you for the responses. I am really grateful. I have lived here for 23 years with the same fence and gate so have no idea who originally put them up and I bet the HA has no idea either. 
The pathway to the rear is public. It gives access through to a housing estate at the top and a public pathway adjacent to a main road at the bottom. The rear fence and gate of my property and 3 of my neighbours runs alongside the public pathway and forms the perimeter of the estate on that side. There is no other boundary (fenced or not). The only mention of fences is on my lease and as stated in the original post.
I have a side fence to my property which is within the estate and I have always taken this as my boundary and responsibility lies with me. I feel the HA are trying to fob me off disputing the fence is perimeter to the estate and so not their responsibility to replace.

Grumpy_chap

rednalslim said:

The pathway to the rear is public. It gives access through to a housing estate at the top and a public pathway adjacent to a main road at the bottom. 

How do you know that the pathway is public?
Have you verified that by reference to land records?

Here is a road near to where I live.
The public can walk, cycle, ride horse, drive along the road.  The public can park long the road.  Thee are parking restrictions and signage.  It has been pretty much like that since at least 1862 (well, the parking stuff is more recent).
Who do you think owns the road?
Is the road public?