Who owns the fence?

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paulfoel
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Who owns the fence?

Post by paulfoel » Wed Oct 16, 2013 9:12 am

Got lots of hassle with one particular neighbour. For reason he seems obsessed with guarding his property jealously and ensuring no-one gets anything out of him.
Neighbour has recently started being awkward about the fence.

Live in a relatively new build - 13 years old. Shared driveway (nightmare). Panel fencing out the back garden.

I've applied to the land registry to get the plan (which is not detailed at all) and there are no indications about who owns the fence.
Neighbour has recently put a very scruff trellis on top of the fence. What hes done is attached his own posts to existing posts so the trellis sits about 1cm his side of the fence - but its still attached to the fence.

I did try to speak to him politely but he says its his side so he can do what he likes. I have no wish to ask him to take it down - thats just pointless.

But for further reference it would be nice to know here ownership lies? How can I determine this?

despair
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Re: Who owns the fence?

Post by despair » Wed Oct 16, 2013 10:34 am

If its your fence he has no right whatever to attach anything to it inc trellis or wires or ivy or anything else

If its his fence then he can do as he likes but you cannot attach anything etc

If its a shared fence as is possible then technically agreement should be mutual but theres also a school of thought which says both can do what they like on their side

Are their no T or H marks on the Land registry plan

Is there nothing mentioned in the wording anywhere

have you asked the developer

what did your conveyancer say ?

paulfoel
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Re: Who owns the fence?

Post by paulfoel » Wed Oct 16, 2013 12:01 pm

despair wrote:If its your fence he has no right whatever to attach anything to it inc trellis or wires or ivy or anything else

If its his fence then he can do as he likes but you cannot attach anything etc

If its a shared fence as is possible then technically agreement should be mutual but theres also a school of thought which says both can do what they like on their side

Are their no T or H marks on the Land registry plan

Is there nothing mentioned in the wording anywhere

have you asked the developer

what did your conveyancer say ?
No H or T on the land registry plan and nothing in the wording I can find.

Would the developer help? Like I said its been 13 years.
Also, I haven't asked the conveyancer yet - would they charge for digging up this info?

despair
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Re: Who owns the fence?

Post by despair » Wed Oct 16, 2013 12:23 pm

if theres nothing on deeds I would suspect its jointly owned and thus effectively he can do what he likes and so can you

arsie
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Re: Who owns the fence?

Post by arsie » Wed Oct 16, 2013 12:27 pm

Fences may not be any more than 2 metres high (it used to be 6 foot) including trellis. Report him to your local council planning enforcement. But still try to find out whose fence it is, this will be useful to know in future when it falls down due to weight of plants growing on it ;)

As a matter of interest what sort of fence and which side are the posts?

It used to be the convention that the 'nice' side of a fence faced away from the owner. These days people do what they like and put the fence posts, stringers etc ('nasty' side) for the neighbour to see not the panels ...

paulfoel
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Re: Who owns the fence?

Post by paulfoel » Wed Oct 16, 2013 4:31 pm

arsie wrote:Fences may not be any more than 2 metres high (it used to be 6 foot) including trellis. Report him to your local council planning enforcement. But still try to find out whose fence it is, this will be useful to know in future when it falls down due to weight of plants growing on it ;)

As a matter of interest what sort of fence and which side are the posts?

It used to be the convention that the 'nice' side of a fence faced away from the owner. These days people do what they like and put the fence posts, stringers etc ('nasty' side) for the neighbour to see not the panels ...
Definitely higher than 6ft now. But the point is I can't be bothered with all the hassle and doing this will just cause it to escalate.

Its a cheap panel fence so I guess the posts are the boundary.

paulfoel
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Re: Who owns the fence?

Post by paulfoel » Mon Jan 21, 2019 2:56 pm

Ah old thread but its come to a head again with neighbour attaching a shed to his side...

So am I right:

1. If its shared ownership then each party can attach what they like on their side.
2. If theres nothing on land registry plans to indicate otherwise then it is indeed shared ownership.

MacadamB53
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Re: Who owns the fence?

Post by MacadamB53 » Mon Jan 21, 2019 3:23 pm

paulfoel wrote:
Mon Jan 21, 2019 2:56 pm
Ah old thread but its come to a head again with neighbour attaching a shed to his side...

So am I right:

1. If its shared ownership then each party can attach what they like on their side.
2. If theres nothing on land registry plans to indicate otherwise then it is indeed shared ownership.
1. yes, so long as it’s not damaging or compromising the fence/wall

2. not quite - if the deeds are silent and there’s no evidence to ascertain which parcel of land it stands on then it would be sensible (but not the law) to assume the fence/wall straddles the boundary

kind regards, Mac

paulfoel
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Re: Who owns the fence?

Post by paulfoel » Tue Jan 22, 2019 4:06 pm

MacadamB53 wrote:
Mon Jan 21, 2019 3:23 pm
paulfoel wrote:
Mon Jan 21, 2019 2:56 pm
Ah old thread but its come to a head again with neighbour attaching a shed to his side...

So am I right:

1. If its shared ownership then each party can attach what they like on their side.
2. If theres nothing on land registry plans to indicate otherwise then it is indeed shared ownership.
1. yes, so long as it’s not damaging or compromising the fence/wall

2. not quite - if the deeds are silent and there’s no evidence to ascertain which parcel of land it stands on then it would be sensible (but not the law) to assume the fence/wall straddles the boundary

kind regards, Mac
Thanks Mac.

1) I guess this is difficult to prove? If he attaches something to fence unless I can point to specific damage then its non-runner? i.e. I can't say you can't attach a lean-to to the fence just in case it damages the fence....

2) Definitely no evidence really.

IdefixUK
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Re: Who owns the fence?

Post by IdefixUK » Tue Jan 22, 2019 6:22 pm

You have said that your deeds and title plan are silent as to the ownership of the fence, have you downloaded the deeds of the neighbour concerned to see if his deeds are silent on the matter?

Regards

mr sheen
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Re: Who owns the fence?

Post by mr sheen » Tue Jan 22, 2019 6:22 pm

Unless you paid for the fence, his actions have not resulted in any losses for you. You have no evidence that you own the fence and so you have no course of action and no losses, so it would be a pretty pointless aggravation to annoy the neighbour without any real reason. Perhaps better to leave him enjoy his garden as he wishes

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