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Who owns garden fence? Neighbours say not them.

(23 Posts)
HettyMaud Mon 24-Feb-20 12:49:20

Our properties were built in the 1960s with wire fences to separate back gardens. Apparently whoever owned the house we live in was the person who erected the fence between this house and the neighbours. Fence is now old and falling down. Neighbours say it's our responsibility BUT they also say they don't own the one on their other side either. It's because (they say) theirs was the last house to be built on the estate and was squeezed in. Can't believe one of the fences isn't theirs? Nothing shows on Deeds. Do we take their word for it? Or how can we find out? They are great neighbours and don't want to quarrel with them.

Welshwife Mon 24-Feb-20 12:53:00

Often the owner of the fence has the fence posts or Harris rail their side. If the original posts are there still and a bit of fencing you would be able to see which side the fencing is.

endlessstrife Mon 24-Feb-20 12:55:14

It’ll be on your deeds to the house.

tanith Mon 24-Feb-20 12:56:18

As Welshwife says if you have the ugly side then it’s usually yours.

grannysue05 Mon 24-Feb-20 12:58:52

If nothing shows on the deeds then you could check with the land registry for a plan of the property and its boundary lines.

The old rule used to be that, standing at the back of your house and looking out into the garden, the fence on your right is yours.

Your neighbours must own one fence whatever they say!

tanith Mon 24-Feb-20 12:59:36

Actually I don’t think you are legally obliged to replace a broken fence, I think I read that somewhere.

Calendargirl Mon 24-Feb-20 13:12:23

Just as a matter of interest, if it’s your fence and you’re paying to put it up, why would you give yourself the ‘ugly’ side? I would put that on the neighbour’s side.

Smileless2012 Mon 24-Feb-20 13:18:17

Hi Hetty we have this issue at the moment. Two fence panels have blown down between our rented bungalow and the neighbours.

They said it was our fence so our responsibility; we thought it was there's so Mr. S. checked the deeds and as there is no 'T' on border/fence line the fence is jointly owned. This is the same for the fence on the other side.

We've agreed to go 50/50 and are still waiting for them to respond. Hope this helps.

H1954 Mon 24-Feb-20 13:20:17

I have the ground plans included in my deeds and I can clearly see who is responding nsible for what. My property was also built in the 60's.

EllanVannin Mon 24-Feb-20 13:24:47

Oh Lord, I was once forever reminded that I had 9 inches of next doors garden after a new fence with concrete posts was fitted. However, the neighbour did go halves with the cost after it had been demolished in a gale.

Welshwife Mon 24-Feb-20 13:25:47

I often thought that Calendar but I think it has to do with the fence panels being on the actual boundary.

Dec46 Mon 24-Feb-20 13:38:52

My fence boundaries are shown on Deeds but I personally think sharing costs of repairs is much fairer. As far as I'm aware there is no legal obligation as to what kind of fencing you need to erect and simple wire division to mark the boundary is sufficient.

oldgimmer1 Mon 24-Feb-20 14:35:05

Try this if you've drawn a blank:

TrendyNannie6 Mon 24-Feb-20 14:46:50

Yes, grannysue05 that’s how we used to remember it. This time however we have no fences at back just brick wall Lol

Smileless2012 Mon 24-Feb-20 14:52:05

That's what we thought grannysue, which is why we thought the damaged fence was our neighbours.

chicken Mon 24-Feb-20 14:55:57

Our solicitor told us that the T marks are not a legal indication of who owns a boundary fence! We own an old property and can't find out for sure who owns which fence.

Smileless2012 Mon 24-Feb-20 15:03:21

That's very interesting chicken I'll pass that on to Mr. S.

Auntieflo Mon 24-Feb-20 15:07:27

Oh lordy, there must be a few debates going on now, after all the recent gales.

We have this problem, to a degree at the moment, with our neighbouring house. Unfortunately it is rented out, and is awaiting new tenants. The fence between us is rotten, and near the house, only the ivy is keeping it upright. At the bottom of the garden, the fence is falling over.
Luckily we still have the old, original wire fence between us on that side, so the damaged fence is not ours. But it looks so unsightly. I do not understand how a tenant would want to pay rent for such a mess, but I doubt whether the owner will want to pay out for a replacement.
The fence at the other side of his garden, is in the same state.

timetogo2016 Mon 24-Feb-20 15:16:45

Welshwife is spot on.
Also if the fence panel is attached to your property then the fence is yours.
They are pulling a fast one but you could always look at the property deeds via land registry.

Marydoll Mon 24-Feb-20 15:23:53

We live in an end house and both fences are ours, according to the deeds. We have the posts on both fences in our garden. One of our neighbours had a dispute with another neighbour and the local council ruled the owner of the fence with the posts was responsible for repairs. It cost a fortune to repair ours in a storm a few years ago! sad

Fiachna50 Mon 24-Feb-20 17:47:35

How about if you asked the neighbours about putting a new fence up and suggested contributing half each? Too many real nasty neighbour disputes start with trivial stuff like this. To be honest, if they are dead against it, I would ask them if they'd mind if I arranged to put it up and pay it myself. It may be annoying, but will possibly save on years of disputes with your neighbours.

M0nica Mon 24-Feb-20 19:33:00

Even if the neighbour owns the fence, you cannot make them erect or repair the fence if they do not want to.

Dillyduck Mon 24-Feb-20 19:45:41

If the original boundary was the post and wire fence, THAT is the boundary.
So which side of the post and wire fence is the presumably wooden fence?
It must have been put up by the owner of that property!