Active discussions

Please or to access all these features

Talk
AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

It's impossible to know who is responsible for a fence?

39 replies

BrightPinkCrab · 26/01/2025 20:54

So due to the storms and my neighbour not answering their door (won't give me their number) I have now had to spend lots of money to get a fence fixed. It was at the end of our front gardens and the storm has taken it down, as well as my wall.

I bought 10 years ago and don't have solicitor details/emails. I've bought the land registry details but it only has the red markings, nothing with Ts to state ownership etc.

I guess no one can be sure and I have to battle it out with neighbour?

OP posts:
New posts on this thread. Refresh page
GrannyAchingsShepherdsHut · 27/01/2025 09:15

OP the title plan and register from the land registry are your deeds.

You might have a packet of papers from when you bought the property that are the old style deeds, and that might have a plan with more detail. But if you don't already have that that then no one else will.

CeaseAndDessist · 27/01/2025 06:17

BySunnyAquaPanda · 26/01/2025 22:35

Sorry I don't understand what land registry documents are?

Show quote history

Land Registry documents shows you how own the land and provides a plan of what is owned. For example you go to land registry, put in your address or the address you wish to find ownership of, pay the fee and it will give you the registered owner of the land and give you a plan outlining what is owned under that title number. Hope that helps.

BySunnyAquaPanda · 26/01/2025 23:29

JohnofWessex · 26/01/2025 23:27

My house was built in the mid 60's

Out in the back the fences were post and wire

Some of the original posts are still up on one side and its clear that the current fence was built by next door.

On our side its the other way round ie we put the fence up

Not clear because they are all identical

JohnofWessex · 26/01/2025 23:27

My house was built in the mid 60's

Out in the back the fences were post and wire

Some of the original posts are still up on one side and its clear that the current fence was built by next door.

On our side its the other way round ie we put the fence up

BySunnyAquaPanda · 26/01/2025 23:23

Footsontheotherboot · 26/01/2025 22:48

My understanding is if it's not marked on either parties deeds it's a shared boundary so you could reasonably take them to small claims court for half the costs.

I need access to my deeds.

BySunnyAquaPanda · 26/01/2025 23:23

Wishitwasstraightforward · 26/01/2025 22:56

Court sounds like a very costly option and given that (unless stated in the deeds), there is no requirement to have a fence / wall / other physical structure at a boundary I'm not sure what it would achieve.

Show quote history

That's not what I'm asking but thank you

BySunnyAquaPanda · 26/01/2025 22:58

Wishitwasstraightforward · 26/01/2025 22:44

I am in the process of trying to buy a terraced house. On the sellers forms the seller has stated she doesn't know who owns the boundaries, or who is responsible for them.

My solicitor said it's not unusual. She has done all the digging and obtained all the deeds, documents and plans that she can for the house that I am trying to buy and three either side. We are still none the wiser.

She has said that a surveyor may be able to help, but her advice is that it's not something to worry unduly about and that any further digging could become very costly.

In terms of future fence / wall maintenance solicitor suggested that in first instance I approach neighbour to see if they would like to share costs but if they don't want to I have three options- leave as is (perfectly legal unless there's a health and safety issue, as no one is obliged to have a structural boundary unless stated in the deeds, fix it myself and meet any costs, erect a new physical boundary just inside the boundary making it my own structure (but possibly creating future confusion wrt position of boundary.

Thank you

Wishitwasstraightforward · 26/01/2025 22:56

Footsontheotherboot · 26/01/2025 22:48

My understanding is if it's not marked on either parties deeds it's a shared boundary so you could reasonably take them to small claims court for half the costs.

Court sounds like a very costly option and given that (unless stated in the deeds), there is no requirement to have a fence / wall / other physical structure at a boundary I'm not sure what it would achieve.

Footsontheotherboot · 26/01/2025 22:48

My understanding is if it's not marked on either parties deeds it's a shared boundary so you could reasonably take them to small claims court for half the costs.

Wishitwasstraightforward · 26/01/2025 22:44

I am in the process of trying to buy a terraced house. On the sellers forms the seller has stated she doesn't know who owns the boundaries, or who is responsible for them.

My solicitor said it's not unusual. She has done all the digging and obtained all the deeds, documents and plans that she can for the house that I am trying to buy and three either side. We are still none the wiser.

She has said that a surveyor may be able to help, but her advice is that it's not something to worry unduly about and that any further digging could become very costly.

In terms of future fence / wall maintenance solicitor suggested that in first instance I approach neighbour to see if they would like to share costs but if they don't want to I have three options- leave as is (perfectly legal unless there's a health and safety issue, as no one is obliged to have a structural boundary unless stated in the deeds, fix it myself and meet any costs, erect a new physical boundary just inside the boundary making it my own structure (but possibly creating future confusion wrt position of boundary.

BySunnyAquaPanda · 26/01/2025 22:35

CeaseAndDessist · 26/01/2025 22:18

If it’s not shown on your land regi documents can you purchase the title/plan for her land and see if that shows it?

Sorry I don't understand what land registry documents are?

BySunnyAquaPanda · 26/01/2025 22:35

Op Here.

I've bought the title plan for both properties and nothing says there... It's also £7 each.

So what's the next idea? It wasn't in that form completed by the person who sold the house, she didn't know about boundaries.

So what else do I do?

Also I don't know where to buy deeds?

CeaseAndDessist · 26/01/2025 22:18

If it’s not shown on your land regi documents can you purchase the title/plan for her land and see if that shows it?

GrannyAchingsShepherdsHut · 26/01/2025 22:13

BrightPinkCrab · 26/01/2025 21:11

I don't know where I can buy my deeds?

Show quote history

@AquaPeer it was in response to this - for the title document rather than the plan.

Baital · 26/01/2025 21:42

Whoever is responsible for the boundary doesn't have to provide a fence, just mark the boundary in some way.

AquaPeer · 26/01/2025 21:37

GrannyAchingsShepherdsHut · 26/01/2025 21:32

You can buy the deeds from the land registry. The plan and the written document are seperate, and they're approx £3 each.
https://www.gov.uk/government/organisations/land-registry

She’s already done that, they’re not marked

GrannyAchingsShepherdsHut · 26/01/2025 21:32

You can buy the deeds from the land registry. The plan and the written document are seperate, and they're approx £3 each.
https://www.gov.uk/government/organisations/land-registry

HM Land Registry

We register the ownership of land and property in England and Wales. HM Land Registry is a non-ministerial department.

https://www.gov.uk/government/organisations/land-registry

Whaleandsnail6 · 26/01/2025 21:29

You dont need a fence do you?

I think it just needs to be safe (so not at risk of falling) but other than that, as long as the boundary is marked with something, neither of you have to pay for a fence if you dont particularly want one.

If our fence fell down at the moment, I would make it safe and clear the broken bits but I wouldnt be rushing to pay for a fence, I'm not bothered about having one.

Nonaynevernomore · 26/01/2025 21:20

AquaPeer · 26/01/2025 21:01

btw even if the fence is your neighbours responsibility they don’t really need to do anything to be honest so it’s a bit meaningless. Usually it’s just the one who wants the fence that has to pay up

This is true, unfortunately.

BarkPench · 26/01/2025 21:18

Can you ask other neighbours on the street about it, if you’re on a terrace? Normally it’s ’each house owns the fence to the right’ or whatever

Original poster
BrightPinkCrab · 26/01/2025 21:15

dragonbear · 26/01/2025 21:06

I have the same issue at the moment . There are also no T markings on the deeds or anything to indicate responsibility. However you will have a document called at TP1 with the deeds that amongst other things states the responsibility for repair / replacement of fences. I was able to use this to prove to my neighbour that we have joint responsibility for upkeep and maintenance .
DM me if you want any further information

Seller stated they didn't know anything about fences etc

OP posts:
AquaPeer · 26/01/2025 21:15

How are they saying youre causing further damage if they won’t speak to you?!! And what does the rubbish on your drive have to do with them? Sorry if misunderstood

Original poster
BrightPinkCrab · 26/01/2025 21:14

HPandthelastwish · 26/01/2025 21:10

Neighbour doesn't have to pay for a fence though they just have to clearly outline the boundary, could be done with planters, big stones etc. Whoever wants the fence really is the one that pays for it.

We need it fixed as it's actually on the pavement etc and we live with a high footfall etc. I've done he best I can and I also need access to my driveway. Hard without pictures

OP posts:
Original poster
BrightPinkCrab · 26/01/2025 21:12

HenDoNot · 26/01/2025 21:11

neighbour not answering their door (won't give me their number)

Even if you prove the fence is theirs, it doesn’t sound like they’re going to fix, maintain or pay anything towards it.

Sure, you can try and make them pay, send a solicitors letter, court, etc, good luck with that, it’ll cost you more than the cost of a new fence.

Annoying yes, but there it is.

No they basically are saying that I'm causing further damage and shit, plus there are rubbish to remove as I need my driveway etc. it's just a pain dealing with mute neighbours. I think they have issues with socializing and avoid me

OP posts:
Original poster
BrightPinkCrab · 26/01/2025 21:11

Youcancallmeirrelevant · 26/01/2025 21:10

If your deeds don't have the T then it's probably neighbours boundary and will have T on theirs. Your deeds won't show anyone else's boundaries

I don't know where I can buy my deeds?

OP posts: