Unsure who owns 'part' of the fence

Unsure who owns 'part' of the fence

Postby john56 » Thu Apr 14, 2005 8:26 am

I recently moved into a new house and the deeds show that we own the left hand fence and our neighbours the right. A few years ago they built a block of flats beyond the back of the garden and made offers to the house owners in our road for some of the land in the garden in order to build garages. My house and the neighbour to the left declined, but all others accepted.

This has left our garden 50' longer than the neighbour. His fence (that he owns) now stops at the end of his garden... but the old fence still continues for the extra 50'. The tenants association for the flats claim that it is ours. While I do not mind ownership of this fence, I am wondering whether they are correct as they state that the braces (between the concrete posts) are on our side therefore it makes it ours, yet historically it belonged to the land on the other side.

Any ideas?
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Postby despair » Thu Apr 14, 2005 8:38 am

The flats association have got it wrong in my estimation

The developer bought the land of your neighbour complete with the fence liabilities so the right hand section of fencing is both the responsibility of your neighbour and then the flats association

While the entire left hand section of fencing is yours as per your deeds
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Postby john56 » Thu Apr 14, 2005 8:47 am

That is what we assumed. However, if they really insist that it is ours we probably don't mind as we would therefore need right of access in order to maintain it. This is quite easy to get as there is a concrete drive behind the flats leading to the road.

This would allow me to put a gate in one of the panels and then use that as a shortcut to the station every morning saving me 5 mins of my walk ;-)
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Postby Maverick.uk » Thu Apr 14, 2005 9:03 pm

Hello John

First and foremost what do your deeds say? What do the deeds of the flats say? And what do the deeds of next door say?

Any surveyor worth his salt will tell you that the orientation of a fence and posts is no definative answer to onwership and the tenants association is trying it on and they know it. However you need to fight with evidence and facts.


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