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Original poster

Vendor doesn't know who owns which fence

20 replies

bellanotte22 · 05/07/2021 18:59

I'm in the middle of purchasing a terraced house and just had some forms through from our solicitors. On the questions over the fences the vendor's solicitors have written "although no specific enquires have been nor will be made". It has the same for the question over whether the neighbours' drains cross our property.

It's our first time buying and I'm feeling a little clueless over what this means. Does this mean they don't intend to find out? I'd rather know who is responsible for what.

OP posts:
whensmynexthol1day · 05/07/2021 19:06

I don't think it's a big deal- IME hardly anyone knows who owns what fence. We didn't know at our old house and don't at our new one. I think sometimes it's in the deeds but certainly not always . And there's some generally accepted convention that you own the ones to a particular side (can never remember which) of you- but not sure whether there is any legal basis to it.
I wouldn't worry too much about it.

whensmynexthol1day · 05/07/2021 19:07

Missed the drain bit! - I think that's probably more important to ask the solicitor for advice on

ItsSnowJokes · 05/07/2021 19:11

Fences can be hard to pinpoint. We think ours is on the right from what the seller said to us but we are having them all replaced so they match including the back fence. It will be then be a safe secure boundary for us and happy to maintain it.

starfishmummy · 05/07/2021 19:11

We'rebin a gerrace. Ask some people and its the one on the left, others say its on the right. Deeds don't say. Most people go halves.

October2020 · 05/07/2021 19:12

We've just filled in our forms for this. We know about the left and right, but no idea about the back - in reality it's behind our shed so you can't see it anyway and I don't think it is fenced. With drains, we've just got no idea as we've never had to do any work that would mean finding out! I'm not hiding anything, we just don't know. I would imagine this is really common (and I would rather people told us they don't know than lie and say no.....).

Twiglets1 · 05/07/2021 19:18

Your solicitor will eventually be able to tell you. I wouldn’t worry as it’s not a reason to pull out of a property purchase no matter who owns the fences

JackieCollinshasnoauthority · 05/07/2021 19:26

Drains can be determined by looking usually. There's drains in our garden that relate to next door's down pipe.

Our didn't know who owned the fence so when it came to repairing I asked the neighbour if they had any documentation to say who owned it. They didn't know either so we went halves.

Fleurty · 05/07/2021 19:26

We don't know who owns which fence here. According to our neighbour, who crossed over with the original owner of our house, when the houses were built (1920s) they had wire fences so nothing was marked on the deeds. We've agreed with both our neighbours that we'll share costs should it come to replacing the fences.

Livingintheclouds · 05/07/2021 19:31

The drains answer will cone eith the drain report from the council.
Fences are often a mystery. I'm responsible for the rear and the one on the right (as you look at the house from the street). If it's in good nick not an issue, but I always seem to have ended up paying for fences when they are in need of repair if it is ambiguous as no one ever has the money to pay!

beth821 · 05/07/2021 19:45

It should be marked on the title plans by a T. If it comes out your side its your responsibility, if it comes out the other it's your neighbours

Original poster
bellanotte22 · 05/07/2021 19:59

Thanks all. The only reason I worry is they're stone wall fences and will be super costly if repairs are required. Several in the area have fallen down recently- I'm not moving far away. It won't put us off the purchase would just rather be armed with the facts. Really appreciate your replies Smile Never realised how many little considerations there are when buying and feeling a bit naive!

OP posts:
Musmerian · 05/07/2021 20:07

@ItsSnowJokes - you are legally not allowed to replace a fence that’s not on your boundary without permission. You have to do it within your own garden unless the neighbour agrees. I’d be really pissed off if our neighbours did this as their matching fence might not be what I’d choose.

mumwon · 05/07/2021 20:07

Land registry

ItsSnowJokes · 05/07/2021 20:52

[quote Musmerian]@ItsSnowJokes - you are legally not allowed to replace a fence that’s not on your boundary without permission. You have to do it within your own garden unless the neighbour agrees. I’d be really pissed off if our neighbours did this as their matching fence might not be what I’d choose.[/quote]
Well both sides are rented and the one at the back is behind a very thick hedge. We have spoken to both tenants and asked they speak to their landlord and both have come back and said they don't care what we do. The house behind would never be able to change the fence without chopping down a massive hedge so I think we will be OK.

We are going for concrete posts and gravel boards and close board panels. And have even said we will give everyone else the nice sides. Currently it is a mish mash of all different types of panels and most are falling over.

JennyTractorRiderGo · 06/07/2021 17:07

@bellanotte22 Land registry will provide you or your solicitor with copies of the title deeds etc which will detail all the covenants etc such as you can't keep livestock or hang your washing in your front garden, also in there either on the title plan or in the supplementary documents pertaining to the house will say who is responsible for the boundary.

Any solicitor worth their salt would be looking at those documents carefully on your behalf to make sure there is nothing surprising in there.

DeePlume · 07/07/2021 18:33

I had this when I bought my terraced house. It doesn't show who owns what on the land registry and as pp have said everyone seems to have a different idea of who owns what!

AfternoonToffee · 07/07/2021 19:41

We are currently selling my in laws house, (mid terrace) we have tried to read the deeds but can't really understand, we think it is all shared, so we put don't know on the form.

FuzzyPuffling · 07/07/2021 20:01

Our neighbour insists (with rude words) that the fence between us is his. The T markers plainly favour us.
Who knows? (It's mine, isn't it, if it comes down to it?)

Sugarandtime · 08/07/2021 13:51

Who owns the fence (paid for it) and who is responsible for a certain side are 2 different things.

MyMabel · 08/07/2021 14:31

I’m suspicious over a water pipe that burst under our patio that ended up costing us £800 to get fixed. The water men were talking to my neighbour when they came into my garden to ask permission to come into our land and listen for leaks.. which they found and subsequently left us no choice to fix. I’m not entirely convinced it’s our pipe.. but it was on our land and we had to pay for it.

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