Ownership of Boundary Fence

[josswallace]

We have obtained planning permission to build a ground floor kitchen extension to the house we have recently bought. The extension is within the permiteed levels for a ground floor extension and the planning permission was not objected to.

We now have a problem with our neighbour in that he refuses to agree to us taking down two panels of the boundary fence whilst the extension is built, even though we have agreed to put the fence back once the abbuting wall hs been built. The plans clearly show that the wall will be inside the boundary between the properties completely on our land.

As far as I can see the land registry details I have for my property do not show ownership of the fence. The nehibours on the other side are adamant that the fence between us and them is owned by them, the fence on the right as you face the property. They have also told me that the fence in question, on the left as you face the house, was paid for just before we bought the house by the then owners. All the fastenings for the fence in question are on our side of the fence.

If the fence was ours I presume we would be within our rights to take the two panels in question down and just replace them with the end wall of the extension.

We have instruted party wall surveyors but i am keen to try to understand just what rights we have in building this extension.

Any help would be appreciated.

 

[Newboy]

The fence is owned by whoever paid for it.

It sounds like you need to agree access, if possible, with your neighbours to enable the extension to be built. If they refuse access (which they are entitled to do) then it makes building the extension a bit trickier but still do-able. With a party-wall award access can be gained but it's always better to try to agree rather than enforce - bad blood between neighbours is a long-term PIA! It's worth bearing in mind that land registry plans do not give precise boundaries and it's always worth agreeing with your neighbour exactly where the boundary line is - with measurements from fixed structures signed off by both parties.

 

[bernardgreen]

The fence is owned by whoever paid for it.

That is not an absolute..

The fence paid for and constructed by Mr B may have been built on land owned by Mr A. In which case Mr A has more control than Mr B over what happens to the fence.

 

[josswallace]

Thanks for your reply. I am not sure how to ascertain who paid for the fence. According to the nehigbours on our other side the previous owners of our house paid for it. The fastenings are on our side and the entry in the Property Information Form whaen we bought the house indicates that our previous owners have ownership.

Both the owners are now abroard and so I don't know whetehr any froof of payment exists.

 

[Newboy]

No -the owner of the fence is whoever paid for it regardless of any other issues.

It's location and access are other issues.

 

[^woody^]

If you use the PW Act, then you can build on the boundary and remove the fence regardless of ownership.

But ownership of a fence is not decided by who paid for the fence, where it is located, which side of the garden it is on, which side the fixings are or who the deeds state should maintain the boundary.

It's typicaly fact and degree which decides, and the absence of any contrary evidence to any ownership claims.

And to confuse matters, ownership and maintenace responsibility can be different.