Who's Fence is it - deeds/plan

[utterlydiy]

My property looking out to the back has a wall to the right and fence to the left.

The fence to the left is in disrepair and needs replacing. Its been there since we moved in some 20 years.

The deeds/plan say/show that the wall to the right has a 'T' on my side of the property. But for the fence to the left, there is nothing stated/shown/marked in/on the deeds/plan. So would this be termed as a 'Party' fence.

If this is a party fence, can I repair/replace the fence without consent.

 

[Doggit]

Are the rails on the fence, on your side (then the fence is yours), or the other side (which means that it's your neighbours). And have you read your title deeds as it should state in there which parts of the boundaries are your responsibility.

 

[Tigercubrider]

So my fence has panels that slide in ......

 

[Doggit]

There's always one smart arse - no offence meant Tiger.

Ahh, and what side are the support rails on your panels.

 

[^woody^]

The "side of the rails", or the old "fence on the right" can't be relied on.

The inverted T is the only way to know. If there is no T on your deeds then you don't have responsibility for the boundary and normally the fence on it. If the T is missing then is not a party fence wall, the T would be on the neighbour's deeds.

But responsibility of the boundary does not mean ownership of the fence on the boundary. It is possible for a neighbour to replace a fence that he was not responsible for (after getting permission) and he may then take ownership of the fence but not responsibility for the boundary.

 

[rssteve]

If the panels slide in I guess the supporting post are in the centre of the panel.

 

[utterlydiy]

thanks,

The fence is made up with panels with posts which the panels are nailed/screwed to.

As for the 'T', the plan shows all the boundaries for all the surrounding properties. The 'T' is shown for 95%, boundaries and outer perimeters to fields and public right of way pathways etc. Some properties like mine, only one side of a neighboring border is shown with a 'T' left or right.

 

[Doggit]

But are the posts on your side, or the neighbours. Think of a fence in the front garden; you'd want the pretty side of the fence on the pavement, and you'd be looking at the back of it.

 

[utterlydiy]

Both the posts and overlap panels run down the center line of the stated boundary line dimension on the plan.

This fence or boundary is not marked with 'T' on either side or mentioned in writing to define the responsibility.

 

[Doggit]

God, getting any infor out of you utterly, is like getting blood out of a stone. I'm not talking about the plans, I asking if you bother to go and look at the fence, do you see the front or the back of the fence from your garden.

 

[freddiemercurystwin]

It doesn't ****ing matter which way the fence faces, it has **** all to do with the ownership.

 

[Doggit]

As you tend to install and fix from your own garden, and show off the fence to others, it's normally a good starting point, but no, it's not a guarantee.

 

[utterlydiy]

God, getting any infor out of you utterly, is like getting blood out of a stone. I'm not talking about the plans, I asking if you bother to go and look at the fence, do you see the front or the back of the fence from your garden.

If you read what I've said. The fence is made up of overlap fence panels and a post each end like a normal garden fence !!!!!!!!

how do you see the front or back of bog standard fence panel ????

 

[utterlydiy]

It doesn't ****ing matter which way the fence faces, it has **** all to do with the ownership.

This what I'm ****ing trying to find out who owns the ****ing fence as its not in writing or seen like a picket fence.

 

[Doggit]

Okay Utterly, so you're read through your deeds, and it's not in there, so can you post a picture of the fence then

how do you see the front or back of bog standard fence panel

As I've said before, if you were building the fence, which way round would you build it. I can't think of any fence that doesn't have a way of facing outwards, and that's normally the indicator. But have you had a chat with your neighbour to try and resolve the issue, and if you're prepared to rebuild it, have you asked him if he's happy with that. You asked if you could do it without consent, but haven't indicated why he wouldn't give it.