Changing ownership of a shared fence?

Changing ownership of a shared fence?

Postby digby585 » Mon May 21, 2012 9:37 pm

In the recent bad weather two panels of the fence between my house and my immediate neighbour (semi-detached house) collapsed and I had to make temporary repairs to prevent the rest of the fence from following. I checked my deeds and they clearly state that all the fences are jointly owned. The fence is only five panels long and the other panels are not in very good shape so I am considering getting the whole fence changed at once. Once I have these quotes I intend inviting the landlord from the neighbouring property around to discuss the situation over a cup of tea. However, I believe the previous owner of my house erected the existing fence at his own expense around seven years ago. As it would appear the owner of the neighbouring property was not willing to contribute last time I wonder if they will be reluctant to contribute on this occasion.

To be honest if it is less hassle I do not mind paying for the new fence providing that I legally own it and am not effectively gifting half of it to the neighbour. I read in another post someone recommended they ask the neighbour to sign over the fence and the land it stands on if they are not willing to contribute to the maintenance. Is this a practical option? If so, what would it involve to make it legally binding and how much would it be likely to cost? Am I right in thinking that if I pay for the new fence without doing this the neighbour will still legally own a share of it?

Ps. I live in England.
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