Fence ownership

bo_rai_cho

I wanted to check if I have interpretated my Title plan for my house correctly

I have red edging on the left hand side of my garden fence which subtly overlaps the fence, so I think thats my fence, however it does overlap the right hand side. So is that my neighbours responsibility? Neither have a T mark oddly.

However there is a T mark at the front of the house boundary - is that just to indiciate everything within the red line is mine? Or everything line only with a T mark line is mine?

eddddy

Why are you asking the question? Is it because you want to repair or replace some fencing? If so, the best approach might be to discuss and agree a plan with your neighbour.

The 'T' on the plan might be something you can bring into the discussion, but it isn't definitive.

More generally, a fence is owned by whoever put it up - and whoever put it up should have put it just within their own side of the boundary.

(So if a previous owner of your house put up a fence, that fence would have been included in the sale to you, so you now own that fence.)

FrugaiMacDugal

There is no Title plan or T mark correct to the inch, so talk to neighbour and sort things out.

Baldytyke88

The owner of the fence is the person who put it there, is this a recently new built house?

bo_rai_cho

The right hand side fence (green arrow) needs repairing/replacing in the image attached. Already discussed with neighbour who is adamant I need to get it repaired. However the red line shows an overlap on left hand side (which I think is my fence on the left) but not overlap on right hand side where the green arrow is which I assume means is his fence?

Also attached T references in the deed - hes agreed 50 50 split cost with me, but wants me to hire a tradesperson but should I if its not my land? Is my interpretation of the plan correct?

It was a new build before I purchased, so I am the second owner. When I moved in we agreed to go 50 50 on the fence at that time too, but I only did a few panels as I had a gardener over. And he agreed to contribute towards it. However does the red line indicate its not my boundary? The Title deed suggests I own everything in the T too.

WIAWSNB

Before you do anything, you need to understand the basic rules around fencing.
An ideal first step in your case would be to download the deeds for that neighbour (and your others, too, while you are at it!). 
The front of your property has 'T' marks, and is accompanied by wording in your deeds to explain - both are needed. So, you are responsible for your front fence.
What do the Ts and words say about your other fences? Precisely.
And another thing that isn't precise is the black boundary (not 'fence') lines, and the red edging.
So, another thing to try and work out is, where - as exact as you can determine - are the 'true' boundaries, Ie the black lines? 
Does the RH one touch your house, for example? What physical objects are along the road side - and pillars? His drive end? What's that square on the LH side?
Anyhoo, download. Agree now't until then.

bo_rai_cho

Ok thanks I got more information, it says in both our deeds:

To maintain repair and renew fences or hedges within any boundary of the Property marked on the plan with a "T". If there is no such marks then this does not apply.

So both our properties only have a T marked at the back within the red edging. However the red edging overlaps on his side over the black fence line in question, whilst mine doesn't.

There is nothing else apart from that above information, so based on the deed does that mean it doesn't matter where the T is because "any" boundary of the property is still marked with at least one T and his fence is within the red edging?

WIAWSNB

I suspect, but don't know for sure, that the red lines are applied with such little precision over the black, that it doesn't inform anything, other than the red indicates your curtilage. 
The 'black' usually indicates boundary lines, and the red demarcates what's yours. Both are blunt enough to not assist with actual dimensions, so if there's any question over the true boundary location, then often you need to look at fixtures such as walls, gate posts, and stuff like that.
So, without seeing your deeds map, all we can say is that the black line is the boundary, and the red circulates around what's yours. You cannot say any more than that. The fact that one red appears to overlap a black means now't, as I understand it.
So, do you know where the true boundaries lie on the ground? 
If you do, then if the fence is on your side, it's either yours, or it's trespassing.
'T' marks suggest ownership/responsibility, but mean nothing in law unless accompanied by a written instruction in the deeds.
And finally, almost without exception, no-one needs to put up, or contribute to, a fence unless they need to keep animals contained. Folk generally put up fences to be neighbourly, or for privacy.

So, who fixes 'your' neighbourly fence? In the absence of any guidance in the deeds, or being able to determine on whose side of the boundary it lies, it would be reasonable to consider it 'party'. This effectively means it should be positioned straddling the boundary line, have a shared cost, and require a joint decision on its upkeep.

In the absence of any agreement, then one party can - if they wish - make the decision to erect their fence on their side of the boundary line, and then it's 100% theirs.