Who's Fence is it - deeds/plan

[Footsoldier888]

If you have one T on the deeds then it is likely the fence belongs to your neighbour, is it possible to ask them?

If it is theirs you can only offer them some money, you can't force someone to take down the fence if it is on their land. There is no legal requirement to fence one's property in the UK unless you have a dog, pigs etc.

You do ofcourse have the option of fencing your own land, leaving the current fence in place. It is sometimes the best option if you are unable to negociate some sort of deal.

 

[cwhaley]

If the top of the 'T' points towards your land then that boundary is yours'. My 1947 deeds back this up, as do my parents' 1904 deeds and their neighbours' 1894 deeds.

Which way around a fence is placed is a rubbish indicator of who 'owns' which side. It's purely down to politeness as to whether somebody shows their neighbour the nicer side.

In the attached picture, it would be number 42 who owns that boundary.

 

[utterlydiy]

This is the fence in question, as said earlier it runs down the center line between the 2 properties and having tried to explain it a plain panel fence where the panels could be purchased at any garden center or high street DIY store. Although looking not too bad, the 3" posts are rotting at the base and panels further along are falling apart.



The neighbours are currently away on a long holiday, for how long. None of the other nieghbours know. This is my main reason why I'm asking 'Who's fence it is'.

With winter upon us, I want to start and do something with it now before we get the gales etc and also if it does get blown down. Their dogs could get loose as they are not let loose outside their garden.

 

[Doggit]

As the neighbours are away, and others here think that the wall is yours, not the fence, then you'd be taking a risk in replacing it without prior agreement with them.

 

[stealthwolf]

I've read up a little about boundaries and fences so I'll post my thoughts:

• a boundary is an imaginary line between two properties. It has no real thickness to it. Imagine drawing a line on the ground with a biro or pen.
• a wall, fence, chicken wire or indeed a piece of string can be erected. It may be on one side of the boundary, the other side, or slap bang 50/50 in the middle. There is no requirement for this normally
• maintaining the boundary isn't always mentioned on deeds or paperwork. It may not be obvious. Finding out through surveyors can be costly.
  
• if a neighbour has dogs, it's their responsibility to keep the dogs from running into your property. Ergo, if there was no fence between you and your neighbours, they would be obliged to erect a fence. That would then be their fence to maintain.
• The person who replaces the fence essentially "owns" it and therefore responsible for its upkeep.

This is stuff I've read up on. It may not be accurate. Your title deeds may denote that you're responsible for one boundary. You can (through land registry and a small fee) find your neighbour's deeds and see what it says. They may well have a T on their side. If you replace the fence, it must be entirely on your side of the boundary line. There is also nothing wrong with you erecting your own fence on your own side of the boundary so long as it doesn't interfere or damage the other fence.

I would look at the neighbour's title deeds. If they are responsible, they only have to maintain it to ensure the dogs don't come over to your side. They don't have to replace it if it's functional but ugly. You could also offer to pay 50% of the fence to encourage them to replace it.

 

[foxhole]

This is the fence in question, as said earlier it runs down the center line between the 2 properties and having tried to explain it a plain panel fence where the panels could be purchased at any garden center or high street DIY store. Although looking not too bad, the 3" posts are rotting at the base and panels further along are falling apart.

View attachment 128149 View attachment 128150

The neighbours are currently away on a long holiday, for how long. None of the other nieghbours know. This is my main reason why I'm asking 'Who's fence it is'.

With winter upon us, I want to start and do something with it now before we get the gales etc and also if it does get blown down. Their dogs could get loose as they are not let loose outside their garden.

Their dogs are home and they have left them to holiday.??