[Help] Fence dispute - who owns it?

Poojah · Feb 16, 2022

Right, so I’m in the process of selling a property (our former home), and such is the weather lately, the fence has gone and blown down in the wind. We found out after our former neighbour messaged my wife simply saying “YOUR fence has blown down”.

Now, having looked into who actually owns the fence and not having been able to come up with a definitive answer, I offered to organise getting it fixed and to go halves on the cost. Our former neighbour’s reply was rather curt, suggesting it’s our fence and they won’t be contributing.

Now, I’m not particularly fussed about the financial aspect - it doesn’t bother me. But, it to put it politely, this old neighbour of ours is a bit of a sour faced bitch, and on nothing other than principle, I don’t want to be paying for it if it’s not ours (either wholly or otherwise). However, I can’t quite work out on the land registry who owns what. Here’s what’s on there.

Essentially, it is the fence on the right hand side of our property, between 179 and 180, that has fallen down. To me, if anything, it looks like it is theirs, but how do I know for certain? Ultimately, if it’s ours I’ve got no qualms in covering the cost, however I want to be sure I’m not being done over by old sour face.

Thoughts and advice welcome!

MJsGhost · Feb 16, 2022

I'd say it's your fence (#179 right?), otherwise, #180 is responsible for the fence/boundary on both sides of their property and someone on the run has no responsibility for a fence/boundary.

Stat Brother · Feb 16, 2022

Sour faced bitch you say?

Is she single?

Poojah · Feb 16, 2022

MJsGhost said:
I'd say it's your fence (#179 right?), otherwise, #180 is responsible for the fence/boundary on both sides of their property and someone on the run has no responsibility for a fence/boundary.

179 is correct. The other side of their property is a wall, and not a fence. Not sure if that changes anything.

Berty23 · Feb 16, 2022

If it is unspecified then surely it needs to be split doesn’t. Has your friendly neighbour said why she thinks it is yours?

My understanding is split unless it is clear (sometimes in newer developments you get something saying you own certain side but I would expect this to be shown with a T.

Poojah · Feb 16, 2022

Stat Brother said:
Sour faced bitch you say?

Is she single?

Married. Three kids. I wouldn’t.

Stat Brother · Feb 16, 2022

Poojah said:
Married. Three kids. I wouldn’t.

So you're saying there's a chance?

dsr-burnley · Feb 16, 2022

You can't rely on the Land Registry documents because they aren't drawn exactly enough to rely on it.

It depends partly on who built it in the first place and partly on whose land it is. If it comes to an argument the solicitors' fees will be more expensive than the fence. If it will help you sell the house and be worth the outlay, it's probably worth doing regardless of next door, because she can afford to wait it out and you can't. If it won't help to sell the house, then you can ignore it and she can put one up if she wants.

MJsGhost · Feb 16, 2022

Poojah said:
179 is correct. The other side of their property is a wall, and not a fence. Not sure if that changes anything.

I don't think so - they'd just be responsible for fixing that if it fell down...

It should be confirmed somewhere in the deeds/land registry though, so if it isn't you might have a case for sharing the cost? Probably a lot of hassle and cost, just to get one over on her for being a sour bitch though...

Life's too short, so if the cost is not an issue for you, I'd just shrug and move on if I were you.

schmunk · Feb 16, 2022

Buy a fence with a clear good and bad side. You know the rest.

kjgood · Feb 16, 2022

If its a terraced or semi detached property and its the rear garden fence we are discussing, the usual rule is as you look out of the back of the house down the garden the boundary to your left is yours.

keaton · Feb 16, 2022

Aren't the fences the L shaped things? In which case the one between 179 and 180 is 180s isn't it?

keaton · Feb 16, 2022

kjgood said:
If its a terraced or semi detached property and its the rear garden fence we are discussing, the usual rule is as you look out of the back of the house down the garden the boundary to your left is yours.

That's what I've been told many times as well.

Pevenseagull · Feb 16, 2022

dsr-burnley said:
You can't rely on the Land Registry documents because they aren't drawn exactly enough to rely on it.

It depends partly on who built it in the first place and partly on whose land it is. If it comes to an argument the solicitors' fees will be more expensive than the fence. If it will help you sell the house and be worth the outlay, it's probably worth doing regardless of next door, because she can afford to wait it out and you can't. If it won't help to sell the house, then you can ignore it and she can put one up if she wants.

Add to this you don't want to be selling a property where there is a legal dispute with a neighbour. I'd be inclined to bite the bullet.

Baldseagull · Feb 16, 2022

kjgood said:
If its a terraced or semi detached property and its the rear garden fence we are discussing, the usual rule is as you look out of the back of the house down the garden the boundary to your left is yours.

Usual maybe, always, no, mine is to the right.

amexer · Feb 16, 2022

There is a question on enquiries Have you any disputes with any neighbour. If you want to sell your house forget principles Pay for it

British Bulldog · Feb 16, 2022

Where I live the fence on that side would be my responsibility, guess it depends on your deeds though? Just buy the cheapest most rubbish fence you can find then job done.

BNthree · Feb 16, 2022

All the garden walls/fences on my block are shared responsibility. We're desperate to knock one down and rebuild it (as it is in danger of collapsing) but that neighbour has said no, even though we offered to pay the entire cost. No idea why they won't but we can't go ahead without their say so.

To answer the OP: your deeds will tell you who is responsible for what. If you want to sell probably just cheaper and easier to pay for it especially as when selling now you have to give details any disputes with neighbours to potential buyers. You pay for it and it's not a dispute :thumbsup:

beorhthelm · Feb 16, 2022

land registry isnt much use on the matter as there's usually no obligation to maintain a fence. its social convention. where it is expected should show a T for your side or H for shared. missing on the diagram, except one and the front (unhelp). could infer joint ownship. could look at the "bad" side, which side has the supprting braces usually indicates ownership.

as there is no obligation, tell the neighbour you'll get round to it and let them stew over it.

Icy Gull · Feb 16, 2022

Pevenseagull said:
Add to this you don't want to be selling a property where there is a legal dispute with a neighbour. I'd be inclined to bite the bullet.

You are obliged to disclose if your neighbours are ***** that you fall out with aren’t you? I’m with you, bite the bullet and be friendly. The OP is leaving so no long term damage in being a bit wimpy :smile:

Got something to say or just want fewer pesky ads? Join us... 😊

[Help] Fence dispute - who owns it?

Well-known member

Remembers

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Well-known member

Remembers

"Members"

Well-known member

Big heart, hot blood and balls. Big balls

Big heart, hot blood and balls. Big balls

Anti-greed coalition

Well-known member

Well-known member

The great escape

Plastic JCL

A. Virgo, Football Genius

Back on the rollercoaster

Share this page