Whos responsible for this fence?

[nameisme]

Hi all,

Just wondering how we know who's responsible for the repair of our fence that's blown over today in the storm? It's Scotland.

I heard it depends on the "T" but can't find a "T" on the deeds and also no mention of a fence on the deeds.
It's the fence on the right side on the picture under the A arrow where it's just a black line (which I presume the black line is the fence) in-between the purple and white. My garden and property is in purple.

Or is it 50/50?

If it is my neighbours fence does that mean I can not paint my side of the fence without his permission?

I know the pillars are located on his side of the fence.

Half way down the fence there's another fence about 7 inches connected to the pillars. But the other half of the fence is just a single fence which is the part that has blown over?

 

[aveatry]

All a bit confusing and sounds like the fence is all theirs if the posts are on their land. But if the fence is on the boundary and there is no "T" then as I understand it then the fence is a shared ownership.

 

[nameisme]

Yes seems like the posts maybe on his side but the fence runs along the boundary line from what you said and based on the deeds picture as there's no "T" on the deeds indicating it is shared ownership ie A party fence.. I think.

 

[foxhole]

Speak to neighbour .

 

[aveatry]

Yes seems like the posts maybe on his side but the fence runs along the boundary line from what you said and based on the deeds picture as there's no "T" on the deeds indicating it is shared ownership ie A party fence.. I think.

Then if the posts are on the neighbours side but the fence is on the boundary then I would say that it is the neighbours fence. As there is no "t" the neighbour has taken it upon themselves to put up a fence on their land. I think

 

[Alec_t]

no mention of a fence on the deeds.

The deeds may not mention a fence as such, but do they say anything about boundaries and their maintenance?

 

[Notch7]

If it’s not on the deeds there’s no way of knowing…beyond speaking to the neighbour.