Neighbour believes fence is not their responsibility. Our solicitor says otherwise

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12 Feb 2006
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Surrey
I believe I've asked something before on here a long while ago, however things have progressed with new information.

Our house is end of the street in a weird way that our rear and rear side fence panels are all connected to a neighbour on a different street.

Our solicitor has told us from day 1 we have no fence we are responsible for in our own, only shared as what would be the right side of our garden is the rear of the neighbours so it's a unique (lucky) situation for us.

We've told the neighbour this, but she's refusing and says that from her property information form she has, dating back to 1990s (she gave this date but nothing to back it up) it says as follows.

"Who owns all the boundary walls, fences, hedges, ditches or other boundary features? Looking from the road the right hand boundary only. The next door neighbour deals with the maintenance of the left hand and rear boundaries."

This line isn't clear. Next door neighbour, meaning one? Deals with left and rear, however her left hand neighbour doesn't touch the rear fence we are needing replacing.

What we can do to prove otherwise, or at least get the confirmation as to which way it is?

If she doesn't accept, what would we do next?

I know people will say about keeping neighbours happy etc, but this isn't really a neighbour. She's on a different road that's on a different estate, with a very long garden that we are at the end of. We'd never meet if it wasn't for this fence replacement needed.
 
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The property information forms are not a legal document when it comes to this. They are very much 'this is the sellers opinion/understanding of the matter'.

I think its normally the case that all boundaries are shared unless otherwise stated on the deeds. You may need to look at your land registry document and their land registry document to fully determine who 'owns' it.
 
You need to look at the title deed plan, which should show your boundary. There should also be little arrows point to the boundary the plot owner is responsible for.
You can get a copy of your title deed plan for £3 from the land registry web site.
 
You need to look at the title deed plan, which should show your boundary. There should also be little arrows point to the boundary the plot owner is responsible for.
You can get a copy of your title deed plan for £3 from the land registry web site.

Our title plan shows a red line around the property for the boundary, and red apparently means shared.

The report we have mentions that the fence to the rear is shared.

These we got when we bought the house 2.5 years ago.
 
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I think the plants make a better border than the fence.
 
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