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Garden Fence/Boundary Mystery

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View becky's Profile becky Flag over the moon 10 Apr 15 2.53pm Send a Private Message to becky Holmesdale Online Elite Member Add becky as a friend

You could also try asking (if they are ok) the people at 41 whether their deeds clearly show which fence is whose responsibility...... you would only be liable for one side, so this could help in the debate with 37.

 


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View Superfly's Profile Superfly Flag The sun always shines in Catford 10 Apr 15 2.56pm Send a Private Message to Superfly Add Superfly as a friend

Have you tried asking Harry Hill the best way to solve it?

 


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View DanH's Profile DanH Flag SW2 10 Apr 15 2.59pm Send a Private Message to DanH Add DanH as a friend

Quote EagleEyedAlbert at 10 Apr 2015 12.10pm

Good afternoon esteemed & wise members of the HOL. I come in peace, seeking advice & I know Somebody on here will be able to help.

Here's the story:

-Last year, we bought a semi detached house from a family who owned BOTH our house, and the attached house next door. They were selling both simultaneously.

-Because they were one family living in both houses, they didn't have a fence dividing their gardens- it was one big space.

-Before we moved in, we insisted they install a fence. Unfortunately (and we were a bit stupid to not stipulate this) they put up the most basic "fence" you could imagine. Basically some 4ft wooden posts with some chicken wire running along them. No height, no privacy. It's piss poor and it might as well not be there.

-We are the right hand side house and the garden "fence" is to our left.

-Our adjoining neighbor has made polite/tentative inquiries about the fence situation, in a tone which suggests he thinks the fence is our responsibility.
This is fair enough, it may well be our responsibility, but I don't particularly want to shell out what's probably going to be a grand for a fence just because he thinks it's ours.

-"What about the deeds? Look at the deeds" I hear you cry. Well, attached is an image from all the official documentation/title plans that we got when we purchased the house.
I know normally it should be marked on there which fence is whose, but there are no such markings on our plan.
There's a red line that indicates the general boundary of the property but that's it.

-Some people say the rule of thumb is that it's the fence to your left, but others say the opposite. Again, I'm happy to claim responsibility if it is mine, but I'm not going off a general rule of thumb.

-His house is the last house in the run before a block of flats so I'm assuming the fence to his left belongs to him. But that doesn't necessarily mean that the right one isn't his, because whichever way you play it, somebody at either end of the run will end up having two fences that are their responsibility.

Sooooo, does anybody know how I can find out through official means as to whose is whose? I've paid for a second copy of our title plan in case there was something missing from our hard copy. But it's just the same OS map with a red line around it.

See attached, and thanks in advance for any help.

Yours, always.


'bert.


Firstly, may I congratulate you on your impressive semi. Secondly,....nope that's all I've got.

 

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legaleagle Flag 10 Apr 15 4.09pm

Quote becky at 10 Apr 2015 2.53pm

You could also try asking (if they are ok) the people at 41 whether their deeds clearly show which fence is whose responsibility...... you would only be liable for one side, so this could help in the debate with 37.


You can do a search at the Land Registry on their property.There's no "privacy" about someone else's "deeds".

 

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legaleagle Flag 10 Apr 15 4.18pm

That's just a copy of the "plan" you've attached to the original post .You need to get a copy" of the register" for the property,from the Land Registry (see link below).This is the document showing ownership of the property,any mortgages and any covenants.The responsibility for a fence would usually be a covenant.

There's no general law about who is responsible if there is no documentation about who is responsible.

[Link]

Edited by legaleagle (10 Apr 2015 4.22pm)

 

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View becky's Profile becky Flag over the moon 10 Apr 15 4.32pm Send a Private Message to becky Holmesdale Online Elite Member Add becky as a friend

Quote legaleagle at 10 Apr 2015 4.09pm

Quote becky at 10 Apr 2015 2.53pm

You could also try asking (if they are ok) the people at 41 whether their deeds clearly show which fence is whose responsibility...... you would only be liable for one side, so this could help in the debate with 37.


You can do a search at the Land Registry on their property.There's no "privacy" about someone else's "deeds".

I know - it's just cheaper to ask them for a look at their copy.......

 


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legaleagle Flag 10 Apr 15 4.34pm

Agreed,if they have kept one

 

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View Barcelona Based Fan's Profile Barcelona Based Fan Flag No longer Barcelona, now living in... 10 Apr 15 4.56pm Send a Private Message to Barcelona Based Fan Add Barcelona Based Fan as a friend

Quote legaleagle at 10 Apr 2015 4.18pm

That's just a copy of the "plan" you've attached to the original post .You need to get a copy" of the register" for the property,from the Land Registry (see link below).This is the document showing ownership of the property,any mortgages and any covenants.The responsibility for a fence would usually be a covenant.

There's no general law about who is responsible if there is no documentation about who is responsible.

[Link]

Edited by legaleagle (10 Apr 2015 4.22pm)


If he were to agree construct an expensive fence to a whatever height he wanted and then submitted the details to the land registry wouldn't they amend the deeds so that side remains the responsibility of the person who 1st installs the fence? which then remains on the deeds forever?or whould he have to have planning permission to change the deeds ie by adding a fence?
I have always wondered about the strange borders that every property I lived in seem to have differed somewhat.
ht

Edited by Barcelona Based Fan (10 Apr 2015 4.57pm)

 


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Hoof Hearted 10 Apr 15 5.24pm

Quote legaleagle at 10 Apr 2015 4.18pm

That's just a copy of the "plan" you've attached to the original post .You need to get a copy" of the register" for the property,from the Land Registry (see link below).This is the document showing ownership of the property,any mortgages and any covenants.The responsibility for a fence would usually be a covenant.

There's no general law about who is responsible if there is no documentation about who is responsible.

[Link]

Edited by legaleagle (10 Apr 2015 4.22pm)


I had this dispute with my neighbour.

Legal is right... the actual title deeds should confirm who has responsibility for upkeep of fences on boundaries.

If nothing is shown or if it is not clear who owns the fence, try and negotiate.

My neighbour was an absolute cnut about it, so I have made life difficult for him in as many ways as I can which makes me feel better.

 

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View EagleEyedAlbert's Profile EagleEyedAlbert Flag ...too far north of the water. 10 Apr 15 5.32pm Send a Private Message to EagleEyedAlbert Add EagleEyedAlbert as a friend

Quote legaleagle at 10 Apr 2015 4.18pm

That's just a copy of the "plan" you've attached to the original post .You need to get a copy" of the register" for the property,from the Land Registry (see link below).This is the document showing ownership of the property,any mortgages and any covenants.The responsibility for a fence would usually be a covenant.

There's no general law about who is responsible if there is no documentation about who is responsible.

[Link]

Edited by legaleagle (10 Apr 2015 4.22pm)

The plan is just part of the document. I have a copy of the official register and it has no mention whatsoever of boundaries/fences.

Might ask to see both neighbors copies to see if it's elaborated further on any of theirs.

 


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View kingdowieonthewall's Profile kingdowieonthewall Flag Sussex, ex-Cronx. 10 Apr 15 5.55pm Send a Private Message to kingdowieonthewall Add kingdowieonthewall as a friend

sensible thing, is just split cost 50/50.
job done.
not good to be on bad terms with neighbours
you could be dealing with them for decades!

 


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Then leave home, get a job & pay your own bills, while you still know everything.

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legaleagle Flag 10 Apr 15 6.03pm

Quote Barcelona Based Fan at 10 Apr 2015 4.56pm

Quote legaleagle at 10 Apr 2015 4.18pm

That's just a copy of the "plan" you've attached to the original post .You need to get a copy" of the register" for the property,from the Land Registry (see link below).This is the document showing ownership of the property,any mortgages and any covenants.The responsibility for a fence would usually be a covenant.

There's no general law about who is responsible if there is no documentation about who is responsible.

[Link]

Edited by legaleagle (10 Apr 2015 4.22pm)


If he were to agree construct an expensive fence to a whatever height he wanted and then submitted the details to the land registry wouldn't they amend the deeds so that side remains the responsibility of the person who 1st installs the fence? which then remains on the deeds forever?or whould he have to have planning permission to change the deeds ie by adding a fence?
I have always wondered about the strange borders that every property I lived in seem to have differed somewhat.
ht

Edited by Barcelona Based Fan (10 Apr 2015 4.57pm)


Wouldn't work.Even if,for example,you were responsible for repairing our common fence,but I paid to do it anyway,the fact I'd done it wouldn't change that,or the fact of whomever put the fence up first.

Planning permission not needed for a standard type garden fence.

 

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