Classic question, fence has blown down who owns it?

chipperhead

chipperhead

chipperhead

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So this age old question has cropped up, a few sections of fence have blown down and really the full lot needs doing as that is ready to go as well.
I was out so my wife goes out to inspect the damage and meets the neighbour at the same time.
My missus goes oh dear the fence has blown down and straight away the neighbour says you mean your fence.

Firstly I'm not into arguments and falling out with people so I aren't looking at falling out with them but getting it sorted. On the other hand I'm not shelling out if I don't have to, I'm more than happy to go halves.

I'm going to go round and suggest going halves but wanted a bit of information before hand because I'm sure they'll insist it's up to me.

Anyway when we moved in the people who lived here stated the only fence that is our responsibility is the one at the bottom of our garden, not this one. However that really doesn't mean anything.

Here's a picture of the damage, as you can see the fence was attached to a wall, would it matter who owns the wall as I presume it theirs seeing as it's inline with their garage and also has some of their conduit fastened to the top.

I've dug out the plans but it doesn't state anything about who owns what fences.



It's obviously been attached in the past from our side which would indicate previous owners of our property had put it up, however a boundary brick wall still remains.
 
The standard rule is the fence to the right with your back to your property is your fence.
 
Check your deeds/plans. Each of the external boundaries should have a little line in the middle which points in the direction of whoever's responsibility that boundary is.
 
I think you own it. If you and the neighbour want it up here is my advice.

-Leave it down.
-Wait until he asks when you are putting it back up.
-Tell him you can't afford to do it on your own.
-Wait for him to offer to chip in.
 
chipperhead said:
Firstly I'm not into arguments and falling out with people so I aren't looking at falling out with them but getting it sorted. On the other hand I'm not shelling out if I don't have to, I'm more than happy to go halves.

I'm going to go round and suggest going halves but wanted a bit of information before hand because I'm sure they'll insist it's up to me.
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Don't do that because they'll forever want half for everything.

Property boundary issues can be quite be quite complex, and you don't want them using the fact you paid as an excuse to claim you jointly own the fence.

Likewise if it's your fence just pay up. Nice and simple that way.
 
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Gilly said:
The deeds should tell you whose responsibility each boundary is.
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Pestilence said:
Check your deeds/plans. Each of the external boundaries should have a little line in the middle which points in the direction of whoever's responsibility that boundary is.
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The house was built in the 20's and what deeds I have doesn't mention fences or boundries. Can I view them at the library?
 
chipperhead said:
The house was built in the 20's and what deeds I have doesn't mention fences or boundries. Can I view them at the library?
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Not all deeds do. It might be that the owner of the property put the fence up by choice as they felt the bricks weren't high enough. Looking at that photo, that's exactly what happened. It looks like it's your responsibility as the posts are on your property.

Sometimes there are even covenants to say you can't erect a barrier beyond a certain height.
 
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chipperhead said:
The house was built in the 20's and what deeds I have doesn't mention fences or boundries. Can I view them at the library?
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Your building society holds them if you have a mortgage, try the land registry.
 
My guess is that the fence stumps are on your side of the wall, which would imply that who ever originially put it up was the old owners of your house, suggesting to me that it is your responsibility.
 
Mind you you know those fence panels are really cheap dont you, just stick one up and be done with it its not worth driving yourself mad.
 
ash_scotland88 said:
My guess is that the fence stumps are on your side of the wall, which would imply that who ever originially put it up was the old owners of your house, suggesting to me that it is your responsibility.
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That's my thinking too. Whoever put it up lived on your side
 
I thought that was the general rule, if the posts are your side, its responsibility, if it was his side then his.
 
Sundance said:
Your neighbour sounds like a nob... "YOU MEAN YOUR FENCE"... defo something a nob would say.
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It depends in what manner it was said. If said with a smile and a wink then I wouldn't have a problem with that, especially if I was in the wrong and it was my fence. Better to establish who owns what early on, rather than tread on eggshells.

OP - you are under no obligation to repair the fence if you don't want to, unless the deeds specifically state that you must maintain a boundary of at least x and no higher than y.

You can even wait until he gets so annoyed that you haven't fixed it that he ends up building one himself :D. (He'd have to put the stumps on his property).
 
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godinman said:
This is a point of honour, go round now with a petrol tin and a lighter, threaten his family.

Then we'll see who's ****ing fence it is.
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My man, you just cant beat a good fire, am i right?
 
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