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

(36 Posts)
jaabaar 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.

daisychicken Sat 06-Jul-13 13:42:48

Waltons do fence panels for as little as £15.99 if you need 10+ but £35.99 if you only need 1-2 - so price can be lowered if you shop around depending on how many you want.

Our deeds don't state who is responsible for any of our fences. We've taken responsibility for front fence (both sides and front of garden) and back garden is shared both sides (though we have a wall on one side)

jaabaar Thu 11-Jul-13 10:00:05

New question:

The lady who lived in the neighbouring house for over 60 years confirms that they always maintained left fence and right one was maintained by other neighbour.

Checked with most neighbours all are owners of left fence.
None of the deeds shows this.

New owner who bought house from old lady insist that if not in deed it is shared.

If I can proof that historically for 60 years it has been like that does he have to abide ?

He is using loophole of silent deeds to get out of payment.

jaabaar Fri 12-Jul-13 23:44:56

Anyone please? I know it's boring..... But would appreciate any opinion/knowledge on this.

Thank you

mercibucket Fri 12-Jul-13 23:50:17

he cant make you pay. you cant make him pay. now it is up to who it bothers most. if you can live with a damaged looking fence, leave it

fortyplus Fri 12-Jul-13 23:59:33

Errrr... it's actually a common misconception that there's any requrement for a fence at all - or even to mark the boundary. Your only legal obligation (unless there's a specific clause in your deeds to the contrary) is to fence against your own dogs or livestock - if you don't 'own' the boundary on that side then you have to erect said fence inside the boundary line.

Spickle Sat 13-Jul-13 15:45:40

I think your new neighbour is right. We were advised by Land Registry that if a fence wasn't marked with a "t" on our deeds OR on the neighbouring property, they advise the fence cost/maintenance is joint regardless of who has being maintaining the fence over the years. Obviously in your case only the left hand fence has been maintained by you, but as you are now discovering, this is not necessarily official. If you are not bothered about the maintenance and/or replacement of the right hand fence, then don't offer to pay half. You never know, the new neighbour may be more bothered about it than you and may decide to replace/maintain anyway.

digerd Sun 14-Jul-13 09:36:20

OP
It is correct that there is no legal obligation for a neighbour to erect a fence at all. The council also told me that they like neighbours to agree themselves, and added that each neighbour can erect their own fence on both sides but best to be on your side of the boundary - on your land- so it is not shared. If placed ON the boundary it is shared.
.

Lilymaid Sun 14-Jul-13 10:02:46

There's a very good website with a discussion forum about these problems - Garden Law.

shineypeacock Tue 16-Jul-13 16:13:05

I'vr just had this issue with my crazy neighbours, part of the fence between our gardens was broken, and helped along the way ( by neighbours shoving and pushing pots against it) i queried it with the land registary, who are very helpful and they told me and enabled me to get documents that prove its a party ie 50/50 fence. I approached my neighbours after getting a quote to get the fence replaced by a builder, they weren't interested at all, accused me of prying into their business illegally by getting copies if their deeds, refusing to contribute to the cost, so ive paid for snd put up a 6'6 fence and now they are moaning its blocked some light into their kitchen! Tough luck, they had the option to contribute to the design/style but declined!

Twitterqueen Tue 16-Jul-13 17:42:31

No-one can force you to replace the fence. I have had to part of mine recently - only 6 panels and it cost me £400. I can't afford to do more.

One of my neighbours point blank refused to repair the back fence even though it was broken in several places.

Obviously an amicable solution is better, but you don't have to spend money you can't afford. You can always suggest they plant some trees!

jaabaar Tue 16-Jul-13 21:39:46

The fence was clearly on their land. I had proof in writing that that fence was maintained by neighbour for 60 years and all the terraces I asked in my street also have this layout

I spoke to a lawyer who said that it can proof that it is his fence but of course as many mentioned you cant force anyone yo repair their fence.

He said if u insisting it is my fence I will leave it as it is. He currently has builder in garden doing fence at the back new. So as I was the desperate one he played on that.

He asked me how much was my quote I got. I said 800. He said he can so it for 600 and his builder will do it however he insists I pay him half of my quote!

So I ended up paying more then half for his fence.

It is not nice and it is not just. But that is life

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