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Who owns which fence

42 replies

AwkwardPaws27 · 25/02/2022 13:37

We were told it was the one on the left but I don't actually have any proof.
Our land registry plan is useless, the restrictive covenants refer to "t" symbols on the plan (attached) but they don't exist.

It was the least of our worries when buying but after living here a few years it would be nice to know! We have replaced the fence on the left and the rear fence as we have a dog so needed to keep him in our garden - but part of the fence on the right has blown down & I'm wondering again now...

Who owns which fence
Who owns which fence
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girlmom21 · 25/02/2022 13:39

Is that marked out plot your house? That reads to me like you're responsible for all borders.

NobodysGonnaKnow · 25/02/2022 13:42

What does your neighbour say? Would they be happy to share the cost or allow you to own the fence? If it’s not earmarked on the deeds then it ends up being up to you and your neighbour who takes responsibility.

SheWoreYellow · 25/02/2022 13:44

You aren’t in Scotland are you? We’ve been told most Scottish boundaries are shared. I don’t know if that’s true or not.

AwkwardPaws27 · 25/02/2022 13:45

@girlmom21

Is that marked out plot your house? That reads to me like you're responsible for all borders.
It says the owner is responsible for the fence on "the sides of his Plot marked with T" but I cannot see any T markings? The red lines are the boundaries of the property.
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AwkwardPaws27 · 25/02/2022 13:47

@NobodysGonnaKnow

What does your neighbour say? Would they be happy to share the cost or allow you to own the fence? If it’s not earmarked on the deeds then it ends up being up to you and your neighbour who takes responsibility.
I can't afford to; about to go on maternity leave and the cost of living rises are already scuppering my carefully planned budget.

It's not just fence panels - the wooden posts have gone over too, so not something I can DIY or really afford to take responsibility for.

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girlmom21 · 25/02/2022 13:47

It says the extreme boundaries or the boundaries marked with T and as none are marked with T it would be all extreme boundaries

Hoppinggreen · 25/02/2022 13:47

We have never been able to find out in our case
We checked with the Land Registry and it’s not clear, I even tried the developer despite living here 20 years and also our deeds.
Luckily one neighbour is nice and we went halves but the other one was a Dick so I didn’t even discuss it, just said we were replacing it and paid for the whole thing.

AwkwardPaws27 · 25/02/2022 13:47

@SheWoreYellow

You aren’t in Scotland are you? We’ve been told most Scottish boundaries are shared. I don’t know if that’s true or not.
No, I'm not. Thank you though.
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AwkwardPaws27 · 25/02/2022 13:48

@girlmom21

It says the extreme boundaries or the boundaries marked with T and as none are marked with T it would be all extreme boundaries
I was reading it as "the extreme boundaries... next to the roads". Hmmm...
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Chestofdraws · 25/02/2022 13:49

@girlmom21

It says the extreme boundaries or the boundaries marked with T and as none are marked with T it would be all extreme boundaries
This.
AwkwardPaws27 · 25/02/2022 13:53

@Hoppinggreen

We have never been able to find out in our case We checked with the Land Registry and it’s not clear, I even tried the developer despite living here 20 years and also our deeds. Luckily one neighbour is nice and we went halves but the other one was a Dick so I didn’t even discuss it, just said we were replacing it and paid for the whole thing.
We replaced the left fence ourselves and the back fence too (it overlaps two properties, one is a rental and the tenant couldn't get the landlord to do anything so we just did it). I'm about to go on mat leave so can't really afford another fence right now!

I'll get my husband to talk to the neighbour (they are nice but there's a bit of a cultural barrier and the man prefers to discuss anything with him Smile)

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ClarasZoo · 25/02/2022 13:55

Where it’s not obvious usually the person who wants the fence pays for it…even if it is your neighbours responsibility and you can prove it it would cost more to take them to court than it would to build a fence…

dementedpixie · 25/02/2022 13:56

The or is between plots or plots so I don't read it as being responsible for all sides.

AwkwardPaws27 · 25/02/2022 14:00

@ClarasZoo

Where it’s not obvious usually the person who wants the fence pays for it…even if it is your neighbours responsibility and you can prove it it would cost more to take them to court than it would to build a fence…
Oh I'm not going to take them to court! I just thought it might be an easier conversation if we can confidently say it's their fence Grin
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AwkwardPaws27 · 25/02/2022 14:13

@dementedpixie

The or is between plots or plots so I don't read it as being responsible for all sides.
This is what I thought; I was reading it as;
  • the boundaries meeting the road
  • the boundaries between plots marked with a T

I think the plan has been updated at some point, whereas the wording is from the original plot sales in 1907, so they don't quite marry up. The joy of older houses!

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girlmom21 · 25/02/2022 14:19

I think most places it's the fence to the left as you look down the garden that's your responsibility.
Just tell your neighbours they need to fix it and hope they don't challenge you Grin

Whatdramain2022 · 25/02/2022 14:24

My plot is similar to yours and we own all the fences, unfortunately.

Lagarthatheviking · 25/02/2022 14:25

If the fence post is rotten, but panels are ok could you use a concrete spur to repair it? Very simple diy job

AwkwardPaws27 · 25/02/2022 14:25

@girlmom21

I think most places it's the fence to the left as you look down the garden that's your responsibility. Just tell your neighbours they need to fix it and hope they don't challenge you Grin
I think that's commonly but not always the case, hence digging out the plans and remembering how crap they are Grin

I'll get DH to have a chat next time we see them, and make sure they aren't waiting for us to do it. Maybe he can help next door repair it temporarily.

It's not a problem really, just means that DDog will stay on the lead in the garden for now (he's a spaniel so would follow his nose... straight into their kitchen...).

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Lazypuppy · 25/02/2022 14:26

Usually if there are no ts anywhere they are all shared

AwkwardPaws27 · 25/02/2022 14:27

@Lagarthatheviking

If the fence post is rotten, but panels are ok could you use a concrete spur to repair it? Very simple diy job
I'll suggest that to DH, maybe he can offer to help the neighbour repair it. I'm not sure if the panels are salvageable (fell info their garden so I haven’t had a close look). I'm a bit wary of trying to repair it if it isn't our fence, IYSWIM.
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LIZS · 25/02/2022 14:47

You could download your ndn deeds from land registry but it does look like all.

dementedpixie · 25/02/2022 14:52

It doesn't look like all at all as there are no Ts marked on the land registry document

SeasonFinale · 25/02/2022 14:55

Speak to whichever solicitor did your coveyancinf when you bought. There is a possibility that there is a different plan with the Ts marked on and whoever sent you copies sent just the one plan because they thought it was the same.

AwkwardPaws27 · 25/02/2022 15:12

@LIZS

You could download your ndn deeds from land registry but it does look like all.
Great idea! Unfortunately not much help Grin

We are the ones with the blacked out EGL number. Looks like we do own the back fence so glad I spent the money putting a new one up.

Nothing to indicate who owns the fences between us and neighbour though. Ah well, worth a try!

Who owns which fence
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