Active discussions

Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Talk
Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

Original poster

Is this fence mine?

25 replies

BinnedOff · 23/11/2020 13:08

Bought a newly built house 8 years ago. The fence on the left side has just perished. Neighbour seems to think it's our fence. My DH doesn't think it is. I have trawled through all paperwork and can't find any reference to which fences we are responsible for. I have applied to look at Title Plan on the Land Registry website. Ownership of fences are not labelled on the Title Plan for our house. I have contacted the developer of our house to see if they have any records. They are getting back to me.

Is there anything else I can try to find out which fences are ours?

Thanks in advance.

OP posts:
SoupDragon · 23/11/2020 13:11

Why does your DH think it isn't yours?

You can't tell by which side it's on or whether the nice side faces you unfortunately.

FinallyHere · 23/11/2020 13:15

If the supports are on your side, it's almost certainly yours and if the 'other side' faces you, it's almost certainly theirs.

LIZS · 23/11/2020 13:17

Or they could be shared. Have you looked at next door's land registry deed?

Hoppinggreen · 23/11/2020 13:19

We went through this, tried land registry, looked at our deeds, even asked the builders despite living here almost 20 years but nobody could say for sure. We just replaced it

Hoppinggreen · 23/11/2020 13:19

Both sides were identical in our case

ArosGartref · 23/11/2020 13:20

Why not split the cost?

haircutsRus · 23/11/2020 13:27

Perhaps you could ask your neighbour on the other side if they know who owns which one.

In our road, the dividing fence on the right hand side as you look out of the windows is your responsibility.

Original poster
BinnedOff · 23/11/2020 13:33

@SoupDragon

Why does your DH think it isn't yours?

You can't tell by which side it's on or whether the nice side faces you unfortunately.

DH says that he seems to remember when we bought house the sales rep for the developer saying that we weren't responsible for either the fence on the either the left or right, which she said was unusual. However, I will check this out and try and get verification. If the developer can't tell me, then I will ask neighbour what evidence she has that the fence is ours. As yet, I haven't questioned her assertion as I assumed that she must be right. I hadn't given the matter any thought until now when it has become an issue because the fence needs replacing. Having looked through the information from the purchase of the property, nothing is mentioned at all.
OP posts:
Original poster
BinnedOff · 23/11/2020 13:35

@haircutsRus

Perhaps you could ask your neighbour on the other side if they know who owns which one.

In our road, the dividing fence on the right hand side as you look out of the windows is your responsibility.

We have a residential home on the other side, so I would need to try and contact the owner somehow, to see about the fence the other side of our house.
OP posts:
TheStripes · 23/11/2020 13:36

Do you want a replacement fence there? Whether it’s your responsibility for that side of the property or not, you are under no obligation to have anything separating the boundary.

Original poster
BinnedOff · 23/11/2020 13:37

@ArosGartref

Why not split the cost?
I don't mind paying for it. However, I need to nail down which fence is ours for when we sell house. We would like to move in a couple of year's time.
OP posts:
Original poster
BinnedOff · 23/11/2020 13:38

@TheStripes

Do you want a replacement fence there? Whether it’s your responsibility for that side of the property or not, you are under no obligation to have anything separating the boundary.
Yes, I definitely would not be happy with no fence. It's not really the cost that's my main worry. It's establishing responsibility as the issue would be a problem when we sell if we don't know whether we are responsible for boundary fences or not.
OP posts:
dementedpixie · 23/11/2020 13:41

We seem to share our fences so have shared expenses for fence repairs. Would sharing costs be an option?

safariboot · 23/11/2020 13:46

Is there not an argument that it doesn't matter?

The neighbours, if they ever did own it, have disavowed any ownership. If the title deeds to the property say nothing then it seems like that's that.

A fence is not mandatory.

If you build a new fence on your land it's yours. If you come to an agreement with your neighbour you can get a fence built on the boundary and responsibility becomes shared for it.

Nothing stops you putting up something that is cheap, ugly, token, or all three.

ArosGartref · 23/11/2020 13:48

I don't think it would matter when selling.

Lazypuppy · 23/11/2020 13:50

If there is no little t's on your deeds they are probably shared, rhis should have been confirmed by your solicitors when you purchased

TheStripes · 23/11/2020 13:52

When selling you are asked if you do or do not own the boundary, or if it’s unknown. So not knowing won’t affect a sale.

Original poster
BinnedOff · 23/11/2020 13:52

@Lazypuppy

If there is no little t's on your deeds they are probably shared, rhis should have been confirmed by your solicitors when you purchased
I am tempted to get in touch with the solicitor. As it's 8 years ago we bought property, he may no longer have our records though.
OP posts:
Original poster
BinnedOff · 23/11/2020 13:53

@TheStripes

When selling you are asked if you do or do not own the boundary, or if it’s unknown. So not knowing won’t affect a sale.
That's reassuring to know. Thank you.
OP posts:
Catmummyof2 · 23/11/2020 14:34

This reply has been withdrawn

This has been withdrawn by MNHQ at the poster's request.

Biscuitsdisappear · 23/11/2020 15:20

As a rule of thumb, if you stand in the road looking at the front of your house, the fence on the right is yours. Any fence should sit on your property or NDN's so that there is no ambiguity about ownership unless you are in a shared property.

SoupDragon · 23/11/2020 15:20

@Biscuitsdisappear

As a rule of thumb, if you stand in the road looking at the front of your house, the fence on the right is yours. Any fence should sit on your property or NDN's so that there is no ambiguity about ownership unless you are in a shared property.
That simply isn't true.
SoupDragon · 23/11/2020 15:21

I.e. you can't tell which fence is yours by looking at it at all.

Original poster
BinnedOff · 23/11/2020 15:25

The official paperwork I have says that we are responsible for maintaining any fences marked with a T on the Title Plan. There are no Ts marked on the Title Plan. I have just downloaded my neighbour's Title Plan and there are no Ts marked on her Title Plan either! I am thinking that we could be jointly responsible for this boundary. The other thing I have thought is that our garden is much higher than my neighbours. As the fence is on our much higher land, that would suggest to me that the fence must be ours.

OP posts:
steppemum · 23/11/2020 15:27

@Biscuitsdisappear

As a rule of thumb, if you stand in the road looking at the front of your house, the fence on the right is yours. Any fence should sit on your property or NDN's so that there is no ambiguity about ownership unless you are in a shared property.
sorry, rubbish, and you will see this quoted on mn as the left hand fence too!

It is also not true about the nice side of the fence facing you etc etc.

The only way you can tell is if it is written on the deeds

New posts on this thread. Refresh page