Who is responsible for what fence!

[AG29]

Hi all, not really an aibu (yet).

Anyway, I live in a semi detached house with gardens either side of ours with a tall wooden fence.

I’ve heard all sorts of things about who is responsible for what fence etc. Is there actually a written rule?

We own our home and there is nothing on the deeds.

We live in a very high up open area and get some strong winds at the best of times but add the bad weather tonight. It’s crazy.

We have a good relationship with our neighbour on the left. When the fence posts on that side needed fixing we agreed to go halves. It needed doing as we both have dogs that need to be kept apart. The posts were on his side.

Don’t have much to do with the other side. But the fence is swaying in the wind and needs to be looked ASAP. Who is responsible for this. Us because it’s on our right and the posts on our side?

OH is a little annoyed if this is the case as we’ve recently gone halves on the other side if it was our neighbours responsibility?

Is there an actual written rule on this?

It seems most sense that the owners with the fence posts on their boundary would fix it?

Just getting prepared. And hoping the fence won’t be down in the morning!

When I look out my back window. Two of the houses backing into ours have a fence down and it’s been like that for about 3 years. Clearly they can’t decide who’s responsible 🤦‍♀️

My understanding was that you are normally responsible for the fencing down the left hand side and the end of your garden.

That has just always been my understanding and general experience, not sure if it is a written rule.

There is no such protocol. If title deeds , and sellers info, does not specify they are normally assumed to be shared.

it should be in the deeds there is no hard and fast rule apart from usually just one side.

As it happens yes we are responsible for our left hand side

I've always been told that the fence owner is the one with the posts on there side. But we've had fence replaced with neighbour and always go halves as that's not being a dick making someone shoulder all the expense when both get the benefit quite frankly! It might be in your deeds if unsure as someone said?

I gather that , the general rule is that you are responsible for the left fence , but it’s not a hard and fast rule , so you will need to look at your deeds. Your conveyancing details should be able to tell you.

Whoever put it up originally owns it and is responsible for its maintenance.

Unfortunately people then move and no one knows who out the fences up...

I've always gone halves

Have always gone halves with the neighbours on either side. Suits us.

Thank you. There is nothing on the deeds. The fences were up a few years before we moved in when the houses were refurbished before being put on the market! (Ex military housing)

We went halves with the guy on the left but I feel like we might have more trouble with the right. We are happy to go halves or even pay for it if needs be. But I was interested to know if there are any rules on it.

I'm surprised it's not in your deeds - ours explicitly say that party boundaries are the joint responsibility of both houses. If it's not in your deeds, maybe ask a solicitor? Although then it may be cheaper just to fix the fence 🤷🏻‍♀️ have you spoken to the neighbours on that side about it?

Are you sure there is nothing in your deeds? What about the map of the property? Are there any notations or symbols on the boundaries?

If there is nothing on yours there may be something on your neighbours deeds. You can download a copy for £4 from THE Gov.Com site. I think I’ve landed the correct link but double check.

Otherwise the fence is usually assumed to be shared. Post location and what side of the garden it is on is not reliable.

Nothing in our deeds and nothing in the plans. We seem to have to pay for all three sides or nothing happens 🙄

Mine has no T markers but specifically states all boundaries are shared (house built 1999)

If there are no markers on the title plan, or anything in the supplementary documents for which you can check land registry (these contains any covenants, restrictions on what animals you can keep etc) then it is assumed the boundary is shared.

If you feel that one side won't share, order the fence yourself, take photos before and after installation and take a photo of the receipt to prove it is yours. Just because a boundary is shared doesn't make the fence shared if one side has paid for it. Garden Law is a great website for looking at sometimes the crazy that neighbours do

We have just shared costs with neighbours. The
way our fences were put up meant we don't have any posts our side so have 'good' sides on both sides of the garden

Are you sure the deeds don't contain plans with T markers - like this?

Ours is on the right if you have your back to the house.

No it's not on mine. Lots of people dont have T markers on their deeds

This should all be in your papers that your solicitor must have sent you?

We got a map... and it highlighted which fence was ours.

Yes, but not everyone has a fence designated and they are shared

It's usually the right hand side as you look out from your back door. It does vary however and the only way of being sure is to look at your deeds.

Whoever owns the fence there is no rule that says that they have to maintain or replace it. They can just decide to leave it if it falls down.

T markers on the deeds indicate responsibility for the boundary, this is not the same as maintaining fences.......