Who owns fence?

(7 Posts)
Hoppinggreen Wed 01-Jul-15 13:06:30

Is there a way of finding out which fence I own, left or right?
I know there is no hard and fast rule re left or right from checking out the land registry website and on my title deeds I have downloaded from there all there is is a red line around my property with no indication of the ownership of either fence.
Our houses are about 13 years old and I am waiting for a call back from the developer to see if they know but they might not have kept the records for so long.
Anyone got any other ideas?

sanquhar Wed 01-Jul-15 13:08:57

On our deeds the fences we own have a tiny capital T on them. Is there anything like that on your deeds?

LoveVintage Wed 01-Jul-15 13:09:23

Under Scottish law if you look at the titles there will be burdens and obligations regarding fences etc so you may need to obtain a full copy of your titles to see what they say,or speak to the solicitor who bought for you.

Hoppinggreen Wed 01-Jul-15 13:22:55

No sign of a T and we aren't in Scotland.
I am not sure which solicitor we used as it was a while ago but if it's the one I think it was they are no longer there.
Hoping the developer may know something as I think my neighbour is about to build a conservatory attached to what I am pretty sure is my wall but before I do my nut I need to get my facts straight.

wowfudge Wed 01-Jul-15 16:53:05

In England where there are no markings on the plan and the title register does not state anything on ownership then the presumption is that structures actually on the boundary are jointly owned and maintenance is the joint responsibility of the owners of the properties divided by them.

If the fence is wholly on one side of the actual boundary then the person whose land it is on is the owner and responsibly for maintenance.

wowfudge Wed 01-Jul-15 16:56:30

Btw - if your neighbour has obtained planning permission, that does not in itself indicate that they actually have the right in law to attach a structure to your wall. If they dispute that, you can point out to them that it is possible to obtain pp for whole housing developments when you don't actually own the land they are to be built on and don't therefore have the right to lay a single brick.

Hoppinggreen Wed 01-Jul-15 17:30:05

Thank you everyone
He has not applied for planning permission but may not need it as its permitted development.
However he does need permission from our developer and I know he hasn't asked them yet.
There is also an access issue - his half of the passage is not wide enough so I am concerned he will want to use my side too which will involve removing my fence.
None of this is a huge issue if he actually bothers to come and speak to us but if he touches my property without permission I will be seriously annoyed

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