Not responsible for any fence? Totally puzzled.

Not responsible for any fence? Totally puzzled.

Postby Batman66 » Thu Jul 03, 2014 8:25 pm

Hi all

Wonder if you can advise, I'm feeling a bit twitchy! I live in a row of mid terraced houses, say no 11, when I moved in 7 years ago the neighbour to the right, no 12, informed me the fence between 11 & 12 was mine to maintain - but as no 11 had been empty for 1+ years he'd put a fence up to keep his dogs in. My neighbour to the left at no 10 confirmed this, saying the fence between 10 & 11 was theirs to maintain. And so for 7 years this has been the way. No 12 has been rented our for 5 years, and in that time I've replaced 8 panels & posts when they've come down in the weather (no 12 was cr@p at DIY!) There's 5 still, just about, standing. When panels needed replacing between 10 & 11 we've gone 'halves' on the panels (I've fitted them).

Now, no 12 has just been sold after being on the market for a year or so. In that time the fence between 12 & 13 has gone to ruin and will be costly to repair. The new owners have informed me 'their' fence is the one between us (11 & 12) and no 13 (newish owners) believe the fence between 12 & 13 is theirs. I'm at a loss really, I now have no financial responsibility to any fences (80'+ gardens) other than a few feet at the end. I've downloaded land registry info and am non the wiser.

What I'm really twitchy about is at the front of the house, there's a wire fence, which I replaced and am quite happy with. The posts are embedded in my path. If new neighbour decides they want something else can they just rip them out? Really puzzled about the back garden fence tho!
Batman66
 
Posts: 3
Joined: Wed Jul 02, 2014 7:51 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Not responsible for any fence? Totally puzzled.

Postby MacadamB53 » Thu Jul 03, 2014 9:17 pm

Hi Batman,

who owns the land the fences stand on is what matters.

I'm not surprised you're puzzled about the fences round the back - by the sounds of it you have all been inadvertently blurring the lines by partially replacing one another's fences.

the "this house is responsible for x fence, that house is responsible for y fence" idea is wrong.

you can erect a fence on the edge of your land down either side, so can everyone.
you can erect no fences, so can everyone.

to answer your question though - only if the wire fence out front is stood wholly on No 12 land can No 12 owner remove it.

All my non-expert, unqualified understanding.

Kind regards, Mac
MacadamB53
 
Posts: 6024
Joined: Mon Dec 10, 2012 12:13 am

Re: Not responsible for any fence? Totally puzzled.

Postby arsie » Fri Jul 04, 2014 9:50 am

+1 what Mac says.

Since the front fence posts are embedded in your path, that fence would seem to be yours so number 12 can't rip it out.

The situation out the back is a different matter entirely as Mac says - do you want us to comment on this as well?
arsie
 
Posts: 1955
Joined: Wed Apr 21, 2010 9:13 am
Location: Norfolk

Re: Not responsible for any fence? Totally puzzled.

Postby Batman66 » Fri Jul 04, 2014 7:30 pm

Thanks mac & arsie :) Phew about the front fence, the metal posts are definitely concreted into my path, which is about 1" higher than no 12

have been looking at the back fences. No 12 has possibly played a blinder, although he put up the fence between us 11 & 12 before I moved in the edge of the post is dead in line with the start of my house (no 12 is painted, mine is brick), and the body of the posts are in my garden right down to an old post at the end where a wall indicates a clear boundary - so does that make it 'mine'? He also put up the fence between 12 & 13, with the posts definitely on no 13's land as there's a retaining wall defining his boundary, a drop of 3 foot, and he screwed the posts to the wall. As regards no 10, I'm happy to go halves when panels need replacing, benefits both of us. We won't go into the fact that I've now noticed a discrepancy in the line!!
Batman66
 
Posts: 3
Joined: Wed Jul 02, 2014 7:51 pm

Re: Not responsible for any fence? Totally puzzled.

Postby humptydumpty » Sat Jul 05, 2014 11:04 am

Hi batman,

I agree with Mac and arsie with regards to they front fence.

The back fences is however a right mess, what do respective titles say in reference to boundary fencing?

If number 12 has erected a fence on what is (without duspute) your land (No.11), I have been told (in the past) that title to the fence will transfer to your property after 6 months have past. I'm not sure this is true though, might be Scottish law. Maybe someone can confirm this either way. Could be complete nonsense!
humptydumpty
 
Posts: 161
Joined: Mon Jun 23, 2014 10:02 am

Re: Not responsible for any fence? Totally puzzled.

Postby MacadamB53 » Sat Jul 05, 2014 1:00 pm

Hi batman,

so does that make it 'mine'?

no.

Kind regards, Mac
MacadamB53
 
Posts: 6024
Joined: Mon Dec 10, 2012 12:13 am

Re: Not responsible for any fence? Totally puzzled.

Postby Batman66 » Sun Jul 06, 2014 4:32 pm

Thank you both (stuff from land registry is on my work PC so will look tomorrow) but must confess am still puzzled about the back. So Mac, even tho the back fence between 11 & 12 is completely in my garden it's not 'mine', presumably because no 12 put it up? Does that mean the 8 panels I've replaced are 'mine', but the 5 still standing are no12's? Really sorry, being a bit dim.
Batman66
 
Posts: 3
Joined: Wed Jul 02, 2014 7:51 pm

Re: Not responsible for any fence? Totally puzzled.

Postby MacadamB53 » Sun Jul 06, 2014 6:44 pm

MacadamB53 wrote:Hi batman,

so does that make it 'mine'?

no.

Kind regards, Mac

Hi batman,

where it is doesn't determine who owns it (or the land it's stood on).

who erected it, why, and how long ago, are just as important IMHO.

Kind regards, Mac
MacadamB53
 
Posts: 6024
Joined: Mon Dec 10, 2012 12:13 am

Re: Not responsible for any fence? Totally puzzled.

Postby humptydumpty » Sun Jul 06, 2014 7:08 pm

There are those that would say if a fence is erected permanent lay on your land then it belongs to the landowner irrespective of who erected it. Those are legally trained, so I would suggest you take legal advice from a solicitor that specialises in these matters.
humptydumpty
 
Posts: 161
Joined: Mon Jun 23, 2014 10:02 am

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Return to Fences

Who is online

Users browsing this forum: Google [Bot], Yahoo [Bot] and 3 guests