Boundary Fence?

Boundary Fence?

Postby cat » Fri Mar 25, 2005 8:02 pm

My title deeds do not have Ts on Hs on them and as such I cannot see who "owns" the fence between me and my neighbour.

The fence separates my drive and their back garden, which is about 10 feet lower down. The fence has been in a state is disrepair for some time, and my neighbour offered to go halves with me to replace it, but in the end we agreed that her dad would take a look and repair if poss. She mentioned that it was a "boundary" and so I assumed that we has joint responsibility for the work. The repairs her dad did were not substantial enough (and the metal post holders needed recemeting).

I let her know by phone that I planned to recement the posts myself this weekend. When myself and my partner came to do this it was obvious that the fence was completely rotten as needed replacing. We bought some new fencing (same size and style, but different colour - no choice @ homebase!) and started to take the rotten fence down. (I did not want a contribution from my neigfhbour as she had already gone to enough trouble with the previous repairs.)

She came into her back garden very angry that I had not consulted her (I had, but had been misinterpreted) and when I managed to talk to her about it she said that she was angry that she had not been consulted about the issue (she would have prefered to pick the colour of the fence) and angrily insisted on paying for half of the fence. I do not want her to contribute, rather, I am happy to take responsibility for this issue. I have contacted my mortgage company's solictor to see if they can begin tracking my deeds etc... and find out what legal rights I have as I feel that she is being unreasonable. Our relationship seems to have completely broken down, she has even got her partner involved (who does not live with her). I am at a loss.

Can anyone offer any advice (apart from "how to type a shorter question?)
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Postby despair » Fri Mar 25, 2005 8:47 pm

Sadly there is simply no pleasing some folk

I can understand her not being happy about different colours but thats easily fixed using Ronseal fence preserver but as for the rest well !!!!!!!!

The details of whose responsible for the fence should be contained within the deeds somewhere
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Boundry fence

Postby Countryman » Fri Mar 25, 2005 8:49 pm

If the boundary is of shared responsibility then your neighbour is possibly worried that by your paying for ALL the repair you may then claim the boundary as being yours alone.

Why not accept her half share towards the cost? If the boundary is joint responsibilty it would be the better thing to do.

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Postby cat » Fri Mar 25, 2005 9:00 pm

can you let me know if I have broken the law by replacing the broken fence, or whether my neighbour is entitled to ask for me to take it down?

the fence is the same style, height and will be placed on the same spot the old one was...
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Postby despair » Fri Mar 25, 2005 10:10 pm

You have not truly broken the law

But you do need to be very sure indeed as to exactly who owns the fence in order to resolve the current issue plus prevent future problems
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Postby Angelisle » Sat Mar 26, 2005 12:17 am

Cat,
re
I have contacted my mortgage company's solictor to see if they can begin tracking my deeds etc...

You may find in doing this that they may charge you a hefty fee to have sight of your deeds.
An easier and more cost effective solution is visit www.landregisteronline.gov.uk title and plans can be given as a pdf download for as little as £2 per copy. The title register should include any covenants and restrictions applying to your property, it may be worthwhile also obtaining a copy of your neighbours for future reference.
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Postby despair » Sat Mar 26, 2005 12:41 am

Yup

Many building societies charge £75 for you to have sight of your deeds

However Land Registry copies are not FULL copies AFAIK although normally the sections held by the Land should contain details of whose fence is whose
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