Sorry another fence/Boundaries problem

Sorry another fence/Boundaries problem

Postby andyc » Sun Apr 10, 2005 8:00 pm

Hi, I will try and explain this problem as best as I can.....here goes.

The problem is that both of my neighbours (either side) are saying that I own/am responsible for a difference sideof fence. As I look at my house from the road the neighbours on the right are saying that I own the right hand side fence, while the neighbours on the left are saying that I own the left hand side fence, thus meaning that they think I own both sides!
I have written to my solicitor and he has been no help what so ever (surprise surprise!) and have also check my deeds, which don't show owneship (no T anywhere)
So where do I go from here? Can I get somebody out to measure the land to see who owns it (but this may cost a lot of money) Will the council be able to help? Any advice would be greatly appreciated.

Thanks
andyc
 
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Re: Sorry another fence/Boundaries problem

Postby David » Sun Apr 10, 2005 8:32 pm

andyc wrote:Hi, I will try and explain this problem as best as I can.....here goes.

The problem is that both of my neighbours (either side) are saying that I own/am responsible for a difference sideof fence. As I look at my house from the road the neighbours on the right are saying that I own the right hand side fence, while the neighbours on the left are saying that I own the left hand side fence, thus meaning that they think I own both sides!
I have written to my solicitor and he has been no help what so ever (surprise surprise!) and have also check my deeds, which don't show owneship (no T anywhere)
So where do I go from here? Can I get somebody out to measure the land to see who owns it (but this may cost a lot of money) Will the council be able to help? Any advice would be greatly appreciated.

There is no convention regarding who owns the left hand side/right hand side unless it is specified in your title deeds......
Based on the low cost of these items if your neighbours offer to you ownership I suggest you snap their hands off then you can paint them put trellis on them do as you wish....a small price to pay..
David

Thanks
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Another fence boundary problem

Postby Countryman » Sun Apr 10, 2005 10:40 pm

Be careful !! Others (from previous posts) have been told verbally by neighbours that fences / boundaries was not their (the neighbours) responsibilty only to renege on it later (and perhaps after an expensive fence has been installed).

I would be inclined to ask both sets of neighbours seperately if they would put in writing that they consider you to be solely responsible for the boundary and make no claim to it. If there is then a dispute in the future (with new neighbours for example) that must surely put you in the driving seat!

Couintryman
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Postby andyc » Mon Apr 11, 2005 8:22 am

Thanks for the replies so far. Ideally I don't want to be responsible for both side as then we have to pay for repairs (which is at least 1 panel a year). However I live in the middle of a street and it looks like all the houses to my left are maintaining the left hand side fence and all those on the right are maintaining the right hand side fence. So I suppose that if we do manage to prove onership it would just shift the problem to the neighbours and then continue on until it got to the end of the street.
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Postby despair » Mon Apr 11, 2005 8:54 am

Cant see why you would need to replace 1 panel a year unless the fence was so badly put in in the first place or someone is kicking balls against it

Usually its the posts that rot and even that takes 5 - 10 years generally

Are the panels blowing out because of wind tunnel effect whereby theres no escape for the wind tunnelling down a narro sideway with a solid gate at the end

I suffered that until i put in a slatted gate so the wind could escape
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Postby andyc » Mon Apr 11, 2005 11:35 am

The fence is probably about 10 years old now (as I think it is the original fence when the house was built) a few of the panels have seen better days and a couple of the post do move slightly. As regards the wind it just appears to be prone to damage whenever there are high winds, I see what you are saying about a different fence, but we still want to maintain the level of privacy.
andyc
 
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Postby Maverick.uk » Mon Apr 11, 2005 12:38 pm

Andy

This problem normally occurs with the end house in the street not one in the middle.

First thing to do is download both sets of your neighbours deeds and plans to see what they say and also compare your deeds/plans.

Cheers

Mav
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Postby despair » Mon Apr 11, 2005 1:35 pm

If a couple of posts are moving that could add to the weakening of the panels

If the fences are indeed 10 yrs old then thats an average life span

If a post does go its best to replace it with a concrete one and then if a panel goes you can simply slide out the old and slide in the new one
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Postby andyc » Mon Apr 11, 2005 3:22 pm

Thanks everybody for your replies, it does seem like that isn't any easy way to resolve it. I'll wait to see if my solicitor comes up with anything (I'm not holding my breath) and if he doesn't then I will just accept that I will manitain both fences.
I do agree with the earlier statement that it is usually the person at the end of the street that has this issue, but being in the middle is very strange....however I have found out that when building the street in 1996 they did pause at our house, so i suppose, all be it for a few weeks/months we were the last house in the street so this may explain the problem. I have also spoken to other people futher down the street and they all seem to agree with what my neighbours have said. Luckily we get on well with both neighbours, so i suppose it's not the end of the world.
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Postby nigelrb » Mon Apr 11, 2005 10:44 pm

Hi Andy.

Check your original sales contracts; there may well be reference to fence ownership within them. regards, Nigel.
PS Beware if you consider some earlier advice of replacing a wooden post with a concrete one, because usually wooden posts are 75mm X 75mm and concrete 100 x 100+, which means you won't be able to fir the panel in!
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