Do I still own my fence?

Do I still own my fence?

Postby S Page » Tue Sep 26, 2017 11:20 pm

We have a new build property and paid to have fencing put up on both sides of our rear garden in order to secure the garden. The neighbour to the left is shown as responsible for that boundary with the "T" marks on their title deeds. However can anyone confirm that since I purchased the fence, that I remain the owner of the fence and have therefore assumed responsibility for its repair/maintenance.

The reason I ask is that my neighbour has damaged my fence but seems to believe the fence is his due to the "T" marks. I fail to see how at any point I have transferred ownership or gifted the fence to my neighbour or that he can do anything to the fence regardless of its position on the boundary. I would assume for example that I could remove the fence if I wanted to??

Any advice?
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Re: Do I still own my fence?

Postby MacadamB53 » Tue Sep 26, 2017 11:37 pm

Hi S Page,

caution: the addition of a 'T' mark on a plan attached to a deed has no legal meaning unless it is referenced in the wording of the deed itself.

that said, if you have built a fence and it can be shown to be stood beyond the edge of your land - e.g. beyond the middle of a pair of semis - then you have gifted the fence to the neighbour.

if, however, the whereabouts of the edge of your land is less clear I would suggest you refer your neighbour to the caution above and politely inform them you consider the fence to stand on your land and therefore that you own the fence.

kind regards, Mac
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Re: Do I still own my fence?

Postby Morph » Thu Sep 28, 2017 6:55 pm

Hey McAdam
Can I clarify your feedback for my understanding. In the scenario stated , as a new build I assume there's some type of fence/indication/ markers splitting the properties. If SPage put up the disputed fence where any markers were, for example, down the middle and straddling the mid point, would your opinion chAnge or would this be the scenario you refer to as the edge being less clear. As stated on many posts clearly it's best to stay on your side of the boundary to avoid issues ( or of shared fences etc).

I had a similar issue where our neighbour damaged our fence following a dispute over inches, and we had evidence of damage we contacted the community police to have a word with our neighbour. This resulted with the neighbour being told to mend any damage otherwise he may be charged. This was regardless of any potential encroachment (which we didn't agree to).

For SPage he should ask the neighbour to refrain from damaging the fence whilst the pisoute is resolved. And / or move his fence "to his side" if he wants to avoid ongoing issues. I don't think he would be trespassing as he doesn't have intention to perform a crime ( as well as an arguable case of the boundary).
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Re: Do I still own my fence?

Postby Collaborate » Thu Sep 28, 2017 10:46 pm

MacadamB53 wrote:Hi S Page,

caution: the addition of a 'T' mark on a plan attached to a deed has no legal meaning unless it is referenced in the wording of the deed itself.

that said, if you have built a fence and it can be shown to be stood beyond the edge of your land - e.g. beyond the middle of a pair of semis - then you have gifted the fence to the neighbour.

if, however, the whereabouts of the edge of your land is less clear I would suggest you refer your neighbour to the caution above and politely inform them you consider the fence to stand on your land and therefore that you own the fence.

kind regards, Mac


Mac

Perhaps you could explain to me how this analysis sits with the oft quoted (on here at least) presumption that someone will always fence to the edge of your land, and the doctrine of adverse possession?
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Re: Do I still own my fence?

Postby S Page » Thu Sep 28, 2017 11:29 pm

Thank you for your comments. The fence has been erected along the boundary as far as I am aware. I have been trying to get the developer to confirm if they erected the fence on our side of the boundary but no response.

I am just really surprised that the fence does not seem to remain my property. I saw a post where someone rightly made the point that if I parked my car along the boundary or even on their property whilst I might be trespassing I certainly wouldn't have transferred ownership.
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Re: Do I still own my fence?

Postby MacadamB53 » Fri Sep 29, 2017 7:29 am

Hi S Page,

that is because the car isn't attached to the land.

the law has it that anything attached to the land is considered part of the land - which is why the house you live in was included in the sale of the land and the vendor didn't have to explicitly point this out.

Kind regards, Mac
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Re: Do I still own my fence?

Postby mr sheen » Fri Sep 29, 2017 7:31 am

If I paid the developer to fence my plot, I would be assuming that the developer would have known where the boundary was and would have placed the fence in the correct place. So I would be asserting that I own the fence and it is in the correct place as determined by the developer who used the plans to determine its position.

Anyone who wants to dispute the above would need to prove that the above is wrong so would need some pretty strong evidence.
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Re: Do I still own my fence?

Postby MacadamB53 » Fri Sep 29, 2017 7:38 am

mr sheen wrote:If I paid the developer to fence my plot, I would be assuming that the developer would have known where the boundary was and would have placed the fence in the correct place. So I would be asserting that I own the fence and it is in the correct place as determined by the developer who used the plans to determine its position.

Anyone who wants to dispute the above would need to prove that the above is wrong so would need some pretty strong evidence.
+1
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Re: Do I still own my fence?

Postby Roblewis » Fri Sep 29, 2017 10:41 am

MacadamB53 wrote:
mr sheen wrote:If I paid the developer to fence my plot, I would be assuming that the developer would have known where the boundary was and would have placed the fence in the correct place. So I would be asserting that I own the fence and it is in the correct place as determined by the developer who used the plans to determine its position.

Anyone who wants to dispute the above would need to prove that the above is wrong so would need some pretty strong evidence.
+1


++1 as well
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