Council fixed NDN's fence, now disputing ownership

[WhatsGoingOnEh]

I own a house. The houses on each side are owned by the council.

Last year, or maybe the year before, the horrible tenants on one side moved out and a lovely new family moved in. The fence between our houses (the fence on the right hand side, if you stand in my back door and look out) was sagging over into my garden. I didn't complain or do anything. Within a few months workmen appeared and it was fixed. I assume the neighbours got them in.

Today I had s letter from the council asking if I have any documentation on who owns the fence. And if it turns out I own it, I'll be required to repay the admin and repair costs of the fence.

I have a horrible feeling I do own it. But I didn't ask anyone to fix it. Can I disputed the fairness of this, or will I have to pay?

I'm scared how much it'll be; the workmen did a great job and poured new concrete in the ground and made the existing panels stand upright again.

Any advice?

I would imagine that if they removed your fence without your permission, then you could ask for it to be reinstated as it originally was, as otherwise they have damaged your property (original fence). I can't see them actually ripping put the new one to put an old one back up, but you shouldn't be liable for the new one.

What does the title register for your house state with respect to the fence or boundary structures? You can get a copy from the gov.uk Land Registry website for £3. What side the fence is on does not necessarily have any bearing on who owns it. If it turns out it is your fence and the council have paid for the repairs then considering they didn't contact you and you came home one day to find it had been fixed, I think you could argue that they didn't have your permission but that as a gesture of goodwill you are prepared to pay a proportion of the costs.

Sounds as though you watched them and didn't intervene though - there's no such thing as a free lunch.

Hello I've checked the property deeds image, and there are marks like -| on some of the fences does that relate to ownership? If so it's definitely our fence.

I didn't watch them fix it! I've traced my emails and I contacted the council after the horrible NDN moved out to say the overgrown garden (it was horrific) was pushing our fence over.

The council replied that they'd clear the garden and make things good "including any fence repairs". So I'm happy that I'm not liable to pay for the previous work that they did. (Which I didn't ask them to do.)

I might pop over to the nice new NDN and see if they're asking the council to do further repairs.

I came home one day and there were workmen in the NDN garden, and someone had climbed over the fence to prop 3 posts up against the fence, I assumed to support while some new concrete set. (Although DH says he can't see concrete there.)

I have a record of that too, as I complained to the council that workmen were accessing my garden without permission, and could they please phone us first in future to arrange if people needed access to our garden, and have my mobile number.

They have admitted liability for fence repairs. So you don't have to pay them anything.

Send them the bill to reinstate YOUR fence!

That's clear cut then! Yes, those marks are T marks and if the top of the T is to your side of the boundary it indicates your responsibility for it. If there is a corresponding mirror image to the other side then it's a party wall. You need to read the text of the title register as well though and see what that states.

if you didn't ask the council to renew the fence, and if they didn't send you a quote which you agreed to pay, I don't see they've got a leg to stand on. I expect they're trying it on hoping you'll cave. Perhaps they made a mistake. Who knows?

Nobody can be forced to build or maintain a fence if they don't want to.

Thanks, everyone. :) I've emailed the council bloke and forwarded him the email from the Council Lady ages ago that said they'd repair the fence. I've also included a copy of the land registry diagram, and asked him to clarify what this is all about!

I think the NDN (who are currently doing their garden up) have asked for more fence repairs and the council are all, "Hmrooo?"

I'm reluctant to ask the NDN directly, in case they expect me to pay for a load of fence upgrades. :)

Thanks for all your input!