Which fence do we own?

setmefree2

Thx Van really appreciate your help (& that of everyone else).....the fundemental problem is that she doesn't like my kids playing in the garden:o. However, just read about a guy on MSE who has to endure 4 and a half hours of druming (in one stretch) from his next door neighbours' 22 year old son:eek:, so I should consider myself fortunate really...:rotfl:

Richard_Webster

[QUOTE]From Gardenlaw.co.uk

Ownership and Obligations

There is a difference between ownership of a boundary feature and the obligation to repair a boundary feature. Just because you own a boundary feature does not mean that you are under an obligation to repair it.[/quote]

Can I repeat this because it is a basic point that most people can't understand?

Unless there are covenants to that effect you don't have an obligation to keep in repair, only not to injure others by your actions/omissions.

Even if there are covenants, because they are positive in nature they are usually only enforceable against the person who originally entered into them (if you can find them). If he can find the person he sold the property to and that person gave an indemnity covenant in the TR1 then he will have to pay unless he can find his successor and so on. The present owner is only really going to be liable if the respective owners from the first one who gave the covenant can all be found and in turn sue their successor, which is extremely unlikely!

Arguing about fencing liabilities is a mugs game because it can generate lots of heat and not much light! Best to do what is most expedient to keep the peace.

sarah1975uk

Richard, thank you for your imput on this thread it is much appreciated Peace is one thing and something we all deserve and need, but principle is another too eh.

culpepper

upright posts do not indicate ownership.We have a 6ft high fence at the bottom of our garden erected by the house builders of a new estate there.
The posts are all on our side becasue the house builders put them that way but the fence belongs to and is to be maintained by the owners of the houses (there is a covenant stating as much).
Im not sure how land registry can tell whos fence it is but I imagine there are written documents as well as draughted deeds at least in some cases.

setmefree2

Thx, Richard, I see your point;) but I never knew any of this before so I've been enlightened:D. I will try not to argue with my neighbours about fences :rolleyes:but at least I understand my responsibilities now:money: Thx again:T

setmefree2

culpepper wrote: »

upright posts do not indicate ownership.

Hi Culpepper

I've taken that posting out - don't want to confuse things;):D