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Is it a myth that the fence to the left of your property is yours?

20 replies

KBear · 21/02/2006 10:30

Can't find mention of fences on my deeds. The map just outlines the boundary of my property.

My neighbour said the left fence (as you face the garden) is theirs but I think it's ours. We're semi-detached but there is a lane to the right of my house so that fence is mine obviously but how do I find out if the left one is? So I can put up a high one ha ha!!

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Blackduck · 21/02/2006 10:37

Land registry? Usually on the deeds yours are marked in stronger black (IYSWIM)

LIZS · 21/02/2006 10:40

Your original paperwork from your solicitor when you bought the house should indicate who is responsible for which or which may even be joint. We do happen to have left( bordering onto pavement/road) and rear while next door have right but not sure if this generally applies.

gladbag · 21/02/2006 10:42

My last house was a new build, and the row of gardens all had temporary wire fencing separating them.

As more permanent fencing was gradually put up we were all definitely responsible for the fence on the left, as you looked out of the house. We were on the far right end, so also responsible for the right (IYSWIM) as we had no neighbours on that side.

I'm sure it was a legal thing, but not sure where that came from!

Mistymoo · 21/02/2006 10:45

As far as I know it depends on which side the posts are. If the posts are in your garden then you are responsible for the fence.

I'm in Scotland so not sure if that makes a difference.

Blackduck · 21/02/2006 10:46

It can vary - you csan even be really unlucky and be responsible for all three! In theory you are supposed to be able to tell by looking at the fence (naff side faces into you - good side to neighbour, or posts are on your side...) But, of course, over time people put up the fences differently!

WigWamBam · 21/02/2006 10:46

It's not always the left, no. We are responsible for the fence to the left at the front of our property and along the side of the house, but at the rear the right hand fence is ours. Often your fence will be the one with the concrete posts on your side (if you have them) but the only way to tell for sure is to look at the deeds to the property.

biglips · 21/02/2006 10:47

usually shows on your Deeds

DumbledoresGirl · 21/02/2006 10:48

It should be that if you have the fence posts on your side of the fence, the fence belongs to you, but of course that wouldn't work if your neighbours had thought they owned the fence and had, at some time, put a new fence up.

fairyjay · 21/02/2006 10:50

I know we checked at the Planning Department, and they had a drawing which indicated (with a 'T' shape!) which fences we were responsible for.

It was quite complicated, as it was a row of barn conversions, and the developer had allocated who owned what.

Our neighbour had assumed that they were responsible for the fence on the right and at the rear of their garden - wrongly - and had demolished what turned out to be our fencing, to improve their views!

Kidstrack2 · 21/02/2006 10:52

its probably a dividing fence, but certainly a myth that the left is yours kinda thing, maybe they put it up, and so they are saying its theirs? If you want to put up a new fence ask them if they don't mind, if they mind, just keep the dividing fence but build yours alonside it on your side iyswim. I have had problems about fencing etc in the past

KBear · 21/02/2006 10:53

Bit tricky as it's actually a wall so no fenceposts but my neighbour is out so I'm going to go out there and have a good look at whether the wall is on my land or theirs!

It's not a big deal except the top part of the wall is trellis and when the shrubs die back in winter you can see in their garden and they can see in mine. I like my privacy so i want to put a fence up in the top part of the wall. I don't want to have to talk to them every single time I;m in the garden. miserable cow aren't it!!

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zippitippitoes · 21/02/2006 10:56

If it's a wall is it a n older property like victorian or edwardian in which case it may not be clear and in that case it may be a party dividing wall in practice a shared responsiblity

Kidstrack2 · 21/02/2006 10:59

Even better Kbear just build your fence against it as long as its not over 6ft i think! oh your not in Scotland are u

KBear · 21/02/2006 11:04

No it's a 50's built property not particularly old.

I don't want to offend them (much!!) but I want to cut down two enormous prickly shrubs and having a trellis there will leave the area exposed. I will spin this so in order to protect "their" privacy I am going to replace the trellis with fence panels. I will look again at the deeds though and if it does belong to them I will put a fence up my side if they don't want me to touch their fence/wall.

The husband accused me once of blocking their drains ny putting nappies down the toilet (as if! and my son was 3.5 and didn't even wear nappies at the time) so I don't mind upsetting them a bit ha ha

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KBear · 21/02/2006 11:09

No KT2 I'm in London

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Kidstrack2 · 21/02/2006 11:15

ah right i had problems and in the end i was allowed to put up a fence no highter than 6ft, i also cut down thier gooseberry bush and part of a tree that hung into my garden, they wouldn't cut it so i did, then i put what i had cut in their garden, I followed the Scottish countryside conservation act ,so it was all legal

LIZS · 21/02/2006 14:52

Wonder if you could run a fence along your side of the wall, rather than on the wall itself.

zippitippitoes · 21/02/2006 14:59

I don't think you can exceed 6 foot high though without planning permssion

KBear · 21/02/2006 15:20

I will only be five foot high. The wall is three foot with a two foot trellis panel set into it on the top IYKWIM. I want to replace the trellis bit with a fence panel.

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KBear · 21/02/2006 15:21

I mean - it will only be five foot high, I am actually five foot four !

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