Property Boundary Fence

[Break90]

Moved into our house last December, got a knock on the door this morning from one of our neighbours whose back garden adjoins ours on one side. Never spoken to them before.

Part of the wooden panel fence is leaning towards our garden, not by a lot but definitely leaning.

She says the fence is our responsibility and it needs fixing.

Being the type of person I am I have decided to do some research as

a) it sounds expensive
b) my understanding hs always been that if the fence posts are on your side you are responsible for the upkeep of the fence (posts are on their side)
c) her manner when I mentioned b) indicated that the she knew this to be the case and is trying to pull a swift one

I've checked the deeds and there are no indicators to say who 'owns' the fence. There is a reference in the contract of purchase to the sellers property information form', which I cannot locate but have requested a copy of from the conveyancer.

Wondered if anyone has any experience in this field and could shed any light?

Thanks in advance

 

[drdel]

Plans /deeds usually have a 'T' alongside the boundary. The hat of the position of the vertical bar indicates the side/land upon which the fence stands and thus its 'ownership'.

 

[Break90]

Yes, however the deeds do not show anything at all, which leads me to believe its a shared boundary and hence a shared fence.

My neighbour also mentioned that the previous owners of our house had committed to sort it out before they moved. She doesn't know that the previous owners are good friends of ours.......

 

[Tashyboy]

Talk to your Bessie pals about prior commitment or not. Ask them about whose boundary fence it is. If there not sure ask neighbour to go halves 👍

 

[Rooter]

typically if you can see the nice side, its not yours.

 

[richart]

typically if you can see the nice side, its not yours.

Not always though. If you were putting up a new fence, would you put the decent side facing your neighbours.:mmm: I didn't. You could ask your neighbour to prove it is your responsibilty if it doesn't show on the deeds. If they can't then just agree to share the costs.

 

[Lord Tyrion]

The idea of the fence posts facing / being on one side etc making you responsible is urban myth. It doesn't matter. Check the deeds to see who is responsible for the boundary. If nothing is marked the boundary is shared. Your neighbour is trying it on and as others have mentioned if the neighbour is adamant it is your responsibility then ask them to show you on the deeds where that is stated. I would suggest doing this in a conciliatory manner rather than confrontational as you don't want matters to escalate. After all, not only are they your neighbours, and you don't need aggro with a neighbour, but if you decide to sell the house in the future you have to identify if you have had any disputes. Firm but friendly would be my approach. Stand your ground.

I've just re-read one of your posts. Love the idea that they are claiming the last owners committed to fixing this but then didn't before they sold. How naive do they think you are?

 

[GB72]

Pretty much spot on. If the deeds are silent then the boundary is shared, that simple.

 

[sawtooth]

Whats the score with the other houses in the street? It usually follows a pattern, so for us as an example, looking out to the back garden from the house, the fence on RHS is our responsibility. This pattern is repeated for my neighbours for at least 6 houses down.

I wouldn't part with any cash until you 100& understand whose fence it is. If you cant find it in the deeds ask your neighbours - see if its in theirs.

 

[ScienceBoy]

These matters should be discussed over a kitchen table and a cup of tea.

Not "over the garden fence".

I'm about to move into the first place I have ever owned, I'm hoping to get things off to a balanced but friendly start with any new neighbours.

I will make sure I know who is responsible for what before I move in, so if things ever come up like this I know right away.

 

[Break90]

Thanks all for the replies.

The deeds are indeed silent, so I'm guessing that the responsibility for the boundary and hence the fence are shared.

There are lots of apparently local agreements eg RHS fence is yours, posts are on the side of the owner, however none of these appear to have any legal footing.

I'm waiting for the conveyancer to come back to me as apparently there may be some information in the Sellers Information Pack that was completed when we bought the house. Also speaking to previous owners to clarify the position.


Silly thing is there's nothing wrong with the bloody fence, I reckon it's leaning at about a 10 degree angle from vertical, towards our garden. Probably caused by the bushes and shrubs on heir side growing into it, although I can't be sure about this without looking fro their side.

Will definitely be approaching things from a 'firm but friendly' perspective, there are some absolute horror stories about boundary disputes.

 

[GB72]

The sellers property information form will only mention what may have been done in practice but is not the legal position. Shared responsibility is correct when the deeds are silent