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

[jaabaar]

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.

[jaabaar]

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

[Twitterqueen]

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!

[shineypeacock]

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!

[Lilymaid]

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

[digerd]

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.
.

[Spickle]

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.

[fortyplus]

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.

[mercibucket]

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

[jaabaar]

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

Thank you

[jaabaar]

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.

[daisychicken]

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)

[holidaysarenice]

I'd love to know where the poster gets panels that cost 20 quid a go!!!!

Now for the right and left issue, are you taking the right from standing on ur front doorstep looking at the house, away from the house, the back step, the bottom of the garden or where?

[digerd]

It should be as the seller is legally bound to tell the truth on this information. Ours was agreed by the neighbours according to my neighbour and ours are the right side of the garden facing it with back to house. Or facing the front if the house it is the same.
We are semi-detached and the right hand side is our detached side.

My DD is end of terrace and her attached neighbour told her the right side of the fence was her responsibility. But when she searched for the seller's statement, it said the left side was their responsibility, then asked me as she was end of terrace, despite having a neighbour unattached to her left side, did it mean she was responsible for both?

I had no idea. There hadn't been a fence on her left side just a wire.

There is no law that neighbours must have fences and our council told me they prefer that neighbours agree between themselves

[greenfolder]

I am at a loss as to how a fence can cost that much! 6ft fence panel 20 quid? A few met posts?

[dippymother]

We have a similar problem. Moved in only 3 months ago.

Our deeds show that the back and left hand side fence is ours. Our deeds don't state who is responsible for the right hand fence. I contacted Land Registry who confirmed that the right hand fence is not on my deeds. However, they also told me that the fence wasn't on the right hand neighbours deeds either. In this situation, Land Registry advise that we take joint responsibility of the fence. The fence is in a poor condition and ideally should be replaced, so we will have to approach our neighbour to discuss this at some point.

[minibmw2010]

If you can't afford it don't pay! If they want a new fence leave them to it. Clearly they're defensive as they want you to pay but know full well really it should be them.

[SoupDragon]

If you can't afford it, personally I wouldn't pay.

[jaabaar]

At the end of the day I prefer to pay them argue as at the moment I just can't take any more confrontation even though I lost my job and dont have much spare.

Still I don't think it is fair I pay for whole fence on one side and half of the other side as well....

Miserable neighbour on right is already aggressive just for asking to check his deeds.

If I offer to pay for peace sake will I have at least some rights to fence apart from choosing materials?

[SoupDragon]

I thought traditionally in most situations like terraced housing you are responsible for the fence to your right?

I thought that it was traditionally the boundary to the left when you have your back to the house looking down the garden :)

This has been the case in every house I've lived in - not sure if it was confirmed on the deeds though.

[INeedALieIn]

Responsibility or not, there is no legal requirement for a fence. An awkward (or cash strapped) neighbour may be happy to leave it as it is.

Not helpful to you I realise.

[jaabaar]

I asked the neighbour on the right who went bellistic! She became extremely defensive! Cant believe she accused me of causing her so many expenses regarding overgrown green which grew from her arch onto her roof? Her xhudband was always cutting and maintaining it. He left and nobody cut it. Now she says it is my neglect.......

When I only asked her kindly and friendly if she would please check her deeds.....

[jaabaar]

Sorry sorry it was still in post box and accidentally resent!

[jaabaar]

Digerd:
Thank you for pointing me in that direction.

Indeed I found a form called "seller's property information form" it also says at the back that "this form is part of the law society's transaction scheme."

On that form the seller confirmed that we are responsible for the left side boundary and neighbout for the right side. All very clear.

Is this legally binding?

Thank you for your advise.

[OrangeLily]

I thought traditionally in most situations like terraced housing you are responsible for the fence to your right? Which is possibly why your neighbours think this.