Am I obliged to pay for the repair of a fence.

Am I obliged to pay for the repair of a fence.

Postby haspden » Tue Jul 15, 2014 6:40 pm

Hi there

This is a follow on from a previous posting with more info.

If a boundary is shared does that mean the upkeep of a fence erected by a neighbour against my wishes along that boundary is shared also?

Many thanks

Howard
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Re: Am I obliged to pay for the repair of a fence.

Postby Realaledrinker » Tue Jul 15, 2014 6:47 pm

The fence belongs to the person/s that paid for it
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Re: Am I obliged to pay for the repair of a fence.

Postby span » Tue Jul 15, 2014 7:08 pm

Realaledrinker wrote:The fence belongs to the person/s that paid for it


You haven't been here for very long, have you?
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Re: Am I obliged to pay for the repair of a fence.

Postby haspden » Tue Jul 15, 2014 7:12 pm

span wrote:
Realaledrinker wrote:The fence belongs to the person/s that paid for it


You haven't been here for very long, have you?


Hi there

Could you explain please?
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Re: Am I obliged to pay for the repair of a fence.

Postby Realaledrinker » Tue Jul 15, 2014 7:20 pm

span wrote:
Realaledrinker wrote:The fence belongs to the person/s that paid for it


You haven't been here for very long, have you?


Happy to be corrected but that's what I was under the impression of
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Re: Am I obliged to pay for the repair of a fence.

Postby MacadamB53 » Tue Jul 15, 2014 8:04 pm

Hi Realaledrinker,

where would you find a fence? stood on someone's land of course - that's your owner identified then...

fence stood on my land fails, neighbours replaces it and puts the new one on exact same line, so he's just bought me a fence.

Kind regards, Mac
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Re: Am I obliged to pay for the repair of a fence.

Postby haspden » Tue Jul 15, 2014 9:36 pm

MacadamB53 wrote:Hi Realaledrinker,

where would you find a fence? stood on someone's land of course - that's your owner identified then...

fence stood on my land fails, neighbours replaces it and puts the new one on exact same line, so he's just bought me a fence.

Kind regards, Mac


and if the boundary is shared?
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Re: Am I obliged to pay for the repair of a fence.

Postby MacadamB53 » Tue Jul 15, 2014 10:01 pm

Hi haspden,

boundaries are not owned by anyone as they are invisible lines where two parcels of land abut one another.

boundary features - walls, fencewalls, hedges, ditches, etc - can be shared though if they are constructed so they straddle both parcels of land.

Kind regards, Mac
PS most of this stuff has been covered ad naseum by more expert forum members than me - check out the "Advance Search" facility (that's what I'd do...)
Last edited by MacadamB53 on Tue Jul 15, 2014 10:49 pm, edited 1 time in total.
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Re: Am I obliged to pay for the repair of a fence.

Postby span » Tue Jul 15, 2014 10:40 pm

haspden wrote:
span wrote:
Realaledrinker wrote:The fence belongs to the person/s that paid for it


You haven't been here for very long, have you?


Hi there

Could you explain please?


Mac covered it nicely there.

If I park my car on your land, it remains my car. It just happens to be parked on your land.

If I erect a fence on your land, it's no longer my collection of posts, panels, nails, screws. It's now your fence.
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Re: Am I obliged to pay for the repair of a fence.

Postby Realaledrinker » Wed Jul 16, 2014 12:34 pm

we have fence posts and gravel boards that straddle our land and the neighbours , if i replace a fence panel , who owns it? , me or the neighbour , it doesnt sit on my land , nor theirs , it straddles the boundary..?
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Re: Am I obliged to pay for the repair of a fence.

Postby MacadamB53 » Wed Jul 16, 2014 1:27 pm

Hi Realaledrinker,

it doesnt sit on my land , nor theirs , it straddles the boundary..

if it straddles the boundary as you say then you've clearly got the bit in blue wrong (are you wrongly thinking a boundary is a strip of land?)

as for who owns the panel, it's shared - jus like the rest of the boundary feature.

are you asking because you don't know or because you think we're wrong?

Kind regards, Mac
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Re: Am I obliged to pay for the repair of a fence.

Postby Realaledrinker » Wed Jul 16, 2014 1:44 pm

Oh i dont doubt you guys are not 100% correct Mac , i was just interested , as i have a similar situation , essentially the fence itself sits on what i was under the impression was the boundary , i.e not owned by anyone , just a line dividing two properties , so if the fence is sat on that , as in not wholly on my nor my neighbours land , and i replace a panel , who owns the panel ? , its been a hell of a week at work so forgive me if i cant see the wood from the trees
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Re: Am I obliged to pay for the repair of a fence.

Postby MacadamB53 » Wed Jul 16, 2014 2:11 pm

Realaledrinker wrote:Oh i dont doubt you guys are not 100% correct Mac , i was just interested , as i have a similar situation , essentially the fence itself sits on what i was under the impression was the boundary , i.e not owned by anyone , just a line dividing two properties , so if the fence is sat on that , as in not wholly on my nor my neighbours land , and i replace a panel , who owns the panel ? , its been a hell of a week at work so forgive me if i cant see the wood from the trees

Hi Realaledrinker,

just a line dividing two properties
ie the boundary - and immediately on either side of this imaginary line is land (property)

so if the fence is sat on that
sat on an invisible line? that would have to be an invisible fence wouldn't it unless you meant straddling it...

as in not wholly on my nor my neighbours land
...ah, you did mean straddling it - in which case the fence stands partially on both properties so is shared

its been a hell of a week at work so forgive me if i cant see the wood...
can you see it now?

Hopeful regards, Mac
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Re: Am I obliged to pay for the repair of a fence.

Postby haspden » Wed Jul 16, 2014 2:12 pm

Hi there

Just been on to the advisers listed by RICS and was told by two separate surveyors that in boundary disputes he who paid for the fence owns it. I should offer to pay if I cause any damage to it but it is down to them to fix.

haspden
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Re: Am I obliged to pay for the repair of a fence.

Postby Realaledrinker » Wed Jul 16, 2014 2:38 pm

MacadamB53 wrote:
Realaledrinker wrote:Oh i dont doubt you guys are not 100% correct Mac , i was just interested , as i have a similar situation , essentially the fence itself sits on what i was under the impression was the boundary , i.e not owned by anyone , just a line dividing two properties , so if the fence is sat on that , as in not wholly on my nor my neighbours land , and i replace a panel , who owns the panel ? , its been a hell of a week at work so forgive me if i cant see the wood from the trees

Hi Realaledrinker,

just a line dividing two properties
ie the boundary - and immediately on either side of this imaginary line is land (property)

so if the fence is sat on that
sat on an invisible line? that would have to be an invisible fence wouldn't it unless you meant straddling it...

as in not wholly on my nor my neighbours land
...ah, you did mean straddling it - in which case the fence stands partially on both properties so is shared

its been a hell of a week at work so forgive me if i cant see the wood...
can you see it now?

Hopeful regards, Mac



Though our deeds say the neighbours are responsible for the boundary feature....so i think original question is valid , who owns the panel i put in ?
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