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Original poster

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
OP posts:
Original poster
AwkwardPaws27 · 25/02/2022 15:13

@SeasonFinale

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.
We queried it when buying; its the only title plan on the land registry.
OP posts:
GinPalace2 · 25/02/2022 15:30

OP you need to request a copy of the deeds from Land Registry. The map you have is the filed plan which doesn’t have Ts. The original transfer or deeds will have their own plan and that is likely to have Ts as that is where the restricted covenants you refer to are copied from.

Original poster
AwkwardPaws27 · 25/02/2022 15:32

@GinPalace2

OP you need to request a copy of the deeds from Land Registry. The map you have is the filed plan which doesn’t have Ts. The original transfer or deeds will have their own plan and that is likely to have Ts as that is where the restricted covenants you refer to are copied from.
Oh blimey, I didn't realise they were different things!

Thank you - I'll see if we can get a copy (assuming this is something you have to write to them for?)

OP posts:
InkySquid · 25/02/2022 15:37

Even if the neighbour is responsible for the boundary, they're under no obligation to put up a fence. If you need to contain your dog then you need to put up your own fence.

GinPalace2 · 25/02/2022 15:39

You can request them on line www.gov.uk/get-information-about-property-and-land/copies-of-deeds

The link is a gov.uk website

Blackmagicqueen · 25/02/2022 15:52

The ‘everyone owns a fence on the left or right’ is a myth unless stated on the deeds. Generally if no t is on the fence boundary in your deeds they are shared.
We have had a similar thing with our awkward neighbours. They conveniently stated ‘oh we thought everyone owned the fence in the right’ to which we replied ‘no we checked the deeds and it turns out they are shared.’ Dh has fixed the fence himself in amongst working fulltime and helping care for our young children and me (who hasn’t been well.) Despite being fine to wash cars, mow lawns, do multiple things around their property, many more people to help without the childcare and full time work they all have ‘sore elbows’ and not forthcoming in paying out anything (despite paying for many other luxury services) Hmm

starfishmummy · 25/02/2022 16:03

Our deeds don't say. It's a terrace. If we ask one set of neighbours the one between us is ours because if you count from the entry everyone owns the right hand fence. If you ask our other neighbour the one between us is also ours because if you count from the (other).end of the road everyone owns the left hand fence....

ChocolateDeficitDisorder · 25/02/2022 20:03

It makes no difference if it's your fence or not as there's no legal requirement to have an actual fence - just a responsibility to mark the boundary. This could be with a piece of string. Your neighbour doesn't have to do anything about the fence, even if it's his.

If you have a dog to contain then you must repair/replace the fence as it's your legal responsibility not to let the dog wander off your land.

Barnabyted · 25/02/2022 20:34

It is an urban myth that the fence on the left is yours. You hear this repeated a lot on Mumsnet, as if it is the law. You will also hear that if you pay for the fence then you have to give the “nice” side to the neighbours. All of this is incorrect. The owner of the T symbol is responsible for the boundary, but they do not have to put up a fence. Ex Council properties and houses on new developments also usually say in their covenants who is responsible for what. If there is no T symbol, then either neighbour can erect a fence, or you can both pay for the fence or you can both construct your own fences along the boundary. If you are paying for the fence, the posts have to be on your land, unless otherwise agreed. If your neighbour pays for the fence and it is on their land, then you can’t paint it or hang anything on it without the owner’s permission.
There are plenty of legal websites that discuss the law regarding boundaries in England. I am responsible for all three of my boundaries, whereas my next door neighbour is only responsible for one.
Sadly, you can’t force your neighbour to pay towards the fence.

Thinkbiglittleone · 26/02/2022 21:25

I came on to try and find out the same information as the OP.

Our plans show the red all around but no T so I assume I need actual deeds for that, but we don't have them. We have bought all the fences in our garden but now the front one is down and we are trying establish ownership as neighbours are doing nothing about it.

ChocolateDeficitDisorder · 27/02/2022 06:25

We have bought all the fences in our garden but now the front one is down and we are trying establish ownership as neighbours are doing nothing about it.

If you read the previous responses you'll probably find that the best thing to do would be to speak to your neighbour and ask if they would like to share the cost - if they don't it will be on you.

Ultimately, whoever wants the fence the most pays for the fence.

User7497521 · 27/02/2022 08:19

It's the neighbours responsibility to keep the dog in their garden not yours, you could just put up a cheap netting fence like our neighbour has, if we had a dog it would be our responsibility to put a proper fence up not our neighbours. At the moment we have a border of small trees and shrubs our side of this fence but that would not be sufficient for a dog

User7497521 · 27/02/2022 08:22

Oh, I see you are the ones with the dog but the same applies

Thinkbiglittleone · 28/02/2022 08:01

If you read the previous responses you'll probably find that the best thing to do would be to speak to your neighbour and ask if they would like to share the cost - if they don't it will be on you.

Ultimately, whoever wants the fence the most pays for the fence

No, sadly ,the neighbour won't contribute they just want it paid for by someone else, as they did with the rear ones.

It's a shame really that people are like that, especially with it being such a grey area of ownership. But yes, we like our property to look well kept and not scruffy as it does now, so it will probably fall to us again.

SirYawnsAlot · 28/02/2022 08:41

That plan seems odd. So the second house on the right from EGL doesn't have any boundaries to maintain at all? Ask your husband to see if your neighbour has a plan that shows the boundary T? I expect they will only be too willing to show you if it is your boundary.
In the meantime you might have to take the fallen fence down and replace with mesh to keep the dog in.
You might be able to keep the good panels and take a look at the posts at the bottom, if they are in metaposts, they could possibly be cleaned out and have new posts inserted.
Boundaries are a pain and mired in urban myth but it is basically what Barnabyted has advised.

worriedatthemoment · 28/02/2022 09:17

@girlmom21 not at all that is belief people have but you can be responsible for left , right all or none

Original poster
AwkwardPaws27 · 28/02/2022 10:08

@SirYawnsAlot

That plan seems odd. So the second house on the right from EGL doesn't have any boundaries to maintain at all? Ask your husband to see if your neighbour has a plan that shows the boundary T? I expect they will only be too willing to show you if it is your boundary. In the meantime you might have to take the fallen fence down and replace with mesh to keep the dog in. You might be able to keep the good panels and take a look at the posts at the bottom, if they are in metaposts, they could possibly be cleaned out and have new posts inserted. Boundaries are a pain and mired in urban myth but it is basically what Barnabyted has advised.
The plan is the one downloaded from land registry, following a posters suggestion up-thread so I don't think they'd have something different but DH will speak to them when we see them.

Our dog has been and will be staying on the lead in the garden for now.

If it is their fence then we cannot attach anything to it, so I can't just attach mesh to it. For the same reason, I can't just climb into their garden, retrieve the panels and fix it - we need to ascertain ownership of the fence first.

If it is jointly owned or theirs and they are happy for DH to help fix it, he will do so - but we can't do it without asking. Unfortunately the husband works shifts and will only speak to DH so I just have to wait til he can catch him and ask Grin

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