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Fence dispute...... Boring but makes life a misery

(36 Posts)
jaabaar Switzerland Thu 13-Jun-13 23:00:38

Hi

We live in a terraced house. We were always in agreement with neighbour on right side that fence is his responsibility and fence on left is our responsibility.

House on right got sold. Fence needs replacing and new owners said that since his deeds are not clear on who is responsible it means that it is shared responsibility.

I checked our deeds and it says that we r responsible for fence marked with "t". However there is a note saying that the mark "t" is not on the plan. This means we cannot proof who is responsible.

Is the legal understanding that if deeds are not clear then the fences are joint responsibility?

Thank you for any advise which is appreciated.

SuedeEffectPochette Thu 13-Jun-13 23:57:28

You can get your neighbours deeds from the Land Registry and check if it says he is responsible. However, if he is, it is not going to be easy to make him replace the fence if he doesn't want to. TBH if you want to replace the fence and he doesn't it probably is you who is going to have to pay. If he has offered to go half that isn't bad.

LandRegistryRep Fri 14-Jun-13 08:39:51

We have an online FAQ which may help you decide the best way forward
It explains the relevance of 'T' marks where they exist
Invariably such issues come down to agreement between neighbours but what the deeds may or may not say as well as what has happened over time often have abearing on how any agreement is reached.
www.landregistry.gov.uk/public/faqs/how-do-i-find-out-who-owns-andor-has-the-responsibility-for-the-boundary-fencewallhedge-of-a-property

greenfolder Sat 15-Jun-13 14:40:05

seriously, how much is it going to cost to replace the fence? if it is not clear it seems sensible to share the cost, as long as that is reasonable. we share the fences with neighbours on both sides- we agree on what type/when to replace. why is this making you miserable?

jaabaar Switzerland Sun 16-Jun-13 10:33:24

It used to be clear all these years. I was going to replace fence on the keft which costs 1950 (a lot of money as I was made redundant 5 months ago). That neighbour is upset as it is not done fast enough (now I find out he suposed to share costs).

Neighbour on the other side wants money too.

The misery is that neighbour is unreasonably upset a) he should br happy we were going to pay fence b) have no more money to share cost of other fence

Being nice doesnt take u far....

jaabaar Switzerland Sun 16-Jun-13 10:34:17

Sorry for typos.... this b...dy mobile!

greenfolder Sun 16-Jun-13 20:36:26

Sorry-is it an enormous garden?

digerd Sun 16-Jun-13 21:54:55

When I bought my house, the responsibility of fences was not on the deeds. It was on the questions from Solicitor to my seller on which the owner stated his responsibility is the right hand fence This was arranged between all the neighbours from the time the houses were built.
Have you looked at this sellers questionaire list supplied by the solicitors? DD's was the same.

jaabaar Switzerland Mon 17-Jun-13 01:29:20

Divers: food idea I will go through all the paper work!

Green folder: nooooo it is a small garden 55m2

digerd Mon 17-Jun-13 07:11:22

OP

It was on the list which includes " any disputes with neighbours"!!!!

jaabaar Switzerland Sun 30-Jun-13 09:18:33

Digerd:
Thank you for pointing me in that direction.

Indeed I found a form called "seller's property information form" it also says at the back that "this form is part of the law society's transaction scheme."

On that form the seller confirmed that we are responsible for the left side boundary and neighbout for the right side. All very clear.

Is this legally binding?

Thank you for your advise.

fuckwittery Sun 30-Jun-13 09:23:59

Jaabaar, property information form from the previous owner of your house doesn't bind your neighhbour no, not if the deeds are not clear. I second the idea of checking your neighbour's deeds on both sides.

OrangeLily Sun 30-Jun-13 09:28:08

I thought traditionally in most situations like terraced housing you are responsible for the fence to your right? Which is possibly why your neighbours think this.

jaabaar Switzerland Sun 30-Jun-13 09:37:11

Digerd:
Thank you for pointing me in that direction.

Indeed I found a form called "seller's property information form" it also says at the back that "this form is part of the law society's transaction scheme."

On that form the seller confirmed that we are responsible for the left side boundary and neighbout for the right side. All very clear.

Is this legally binding?

Thank you for your advise.

jaabaar Switzerland Sun 30-Jun-13 09:38:06

Sorry sorry it was still in post box and accidentally resent!

jaabaar Switzerland Sun 30-Jun-13 09:44:44

I asked the neighbour on the right who went bellistic! She became extremely defensive! Cant believe she accused me of causing her so many expenses regarding overgrown green which grew from her arch onto her roof? Her xhudband was always cutting and maintaining it. He left and nobody cut it. Now she says it is my neglect.......

When I only asked her kindly and friendly if she would please check her deeds.....

INeedALieIn Sun 30-Jun-13 09:44:49

Responsibility or not, there is no legal requirement for a fence. An awkward (or cash strapped) neighbour may be happy to leave it as it is.

Not helpful to you I realise.

SoupDragon Sun 30-Jun-13 09:50:22

I thought traditionally in most situations like terraced housing you are responsible for the fence to your right?

I thought that it was traditionally the boundary to the left when you have your back to the house looking down the garden smile

This has been the case in every house I've lived in - not sure if it was confirmed on the deeds though.

jaabaar Switzerland Sun 30-Jun-13 10:31:15

At the end of the day I prefer to pay them argue as at the moment I just can't take any more confrontation even though I lost my job and dont have much spare.

Still I don't think it is fair I pay for whole fence on one side and half of the other side as well....

Miserable neighbour on right is already aggressive just for asking to check his deeds.

If I offer to pay for peace sake will I have at least some rights to fence apart from choosing materials?

SoupDragon Sun 30-Jun-13 11:27:08

If you can't afford it, personally I wouldn't pay.

minibmw2010 Mon 01-Jul-13 19:36:24

If you can't afford it don't pay! If they want a new fence leave them to it. Clearly they're defensive as they want you to pay but know full well really it should be them.

dippymother Thu 04-Jul-13 19:09:45

We have a similar problem. Moved in only 3 months ago.

Our deeds show that the back and left hand side fence is ours. Our deeds don't state who is responsible for the right hand fence. I contacted Land Registry who confirmed that the right hand fence is not on my deeds. However, they also told me that the fence wasn't on the right hand neighbours deeds either. In this situation, Land Registry advise that we take joint responsibility of the fence. The fence is in a poor condition and ideally should be replaced, so we will have to approach our neighbour to discuss this at some point.

greenfolder Thu 04-Jul-13 20:58:17

I am at a loss as to how a fence can cost that much! 6ft fence panel 20 quid? A few met posts?

digerd Thu 04-Jul-13 21:43:32

It should be as the seller is legally bound to tell the truth on this information. Ours was agreed by the neighbours according to my neighbour and ours are the right side of the garden facing it with back to house. Or facing the front if the house it is the same.
We are semi-detached and the right hand side is our detached side.

My DD is end of terrace and her attached neighbour told her the right side of the fence was her responsibility. But when she searched for the seller's statement, it said the left side was their responsibility, then asked me as she was end of terrace, despite having a neighbour unattached to her left side, did it mean she was responsible for both?

I had no idea. There hadn't been a fence on her left side just a wire.

There is no law that neighbours must have fences and our council told me they prefer that neighbours agree between themselves confused

holidaysarenice Sat 06-Jul-13 13:31:11

I'd love to know where the poster gets panels that cost 20 quid a go!!!!

Now for the right and left issue, are you taking the right from standing on ur front doorstep looking at the house, away from the house, the back step, the bottom of the garden or where?

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