Who replaces the fence panel? Us or neighbour?

[StMary]

We are on friendly terms with our neighbour though he's a bit of a old school wheeler dealer so I don't think he can be completely trusted!! A fence panel between our property and his needs replacing. He thinks it's for us to pay and said to check our deeds.

We've had a look at (what we think are) our deeds and there's a map with a thick line round it which doesn't really show exactly where the boundaries are. We are end of semi-detached so it's not like there's acres around us or anything! And further googling indicates it can be a tricky thing to determine and that Land Registry won't be able to assist.

How do we figure this out?! It's the neighbour we are not attached to if that makes any difference at all.

When you bought the place did you have a survey done? It might tell you in there.

I thought it would be in the deeds marked with a "T" with the top of the T on your side being your fence. Or check with your other neighbours what they think is their side and you can work out yours.

I would for sure ask the neighbours on his other side who is responsible for the fence shared by them and him. He might be telling you both the same thing!

Check his title register and plan and yours. If neither indicates which boundary you or he is responsible for then the assumption is that it is shared, so 50:50 split of the repair costs. If the title register states fences, etc are party walls then that is written proof you share responsibility.

My Mum and her neighbor went halfers on a whole new fence. Can you not suggest this to him?

Does the fence match the fence around the rest of his garden or around the rest of your garden?

The title plan should identify the property in question with a red boundary. If it shows responsibility for boundaries then they would be marked with a T against the line.

If it is not on there, there is sometimes an additional document (cannot remember what it is called) which has any covenants on it and may mention boundaries in that. Ours does, all boundaries are shared responsibilities.

We had to apply to land registry to get the additional document.

It's the title register amd title plan - each £3 for an instant download from gov.uk Land Registry website. Assumption is shared responsibility if nothing explicit in the docs.

We were told that if you have the back of the fence in your garden (ie the side with the posts/supports visible), then it is YOUR fence. If you have the smooth, unposted side, it is your neighbours.