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Question about boundaries and who is responsible to repair/maintain fences Diagram included!

17 replies

mechanicalpencil · 13/06/2024 15:01

When we purchased our house, we received a “Final Pre-Exchange Report” which clearly stated who is responsible for which borders/fences.
For us this means we are responsible for the boundaries on the right of our house and the front, the neighbour on the left responsible for the left fence and the neighbour at the back for the back fence.
However, the neighbour at the back has asked us to share the cost of a new fence.
Do people not follow these guidelines or are they just chancing their hand?
We’ve already spoken to neighbours on the right to let them we will be maintaining that fence. So we will be forking out costs for 3 fences?
Please advise!

OP posts:
mechanicalpencil · 13/06/2024 15:04

And neighbour C is responsible for the fence on the right of their garden.
Here’s the diagram, not to scale! It looks like we have a massive mansion 🤣🤣

Question about boundaries and who is responsible to repair/maintain fences Diagram included!
Question about boundaries and who is responsible to repair/maintain fences Diagram included!
OP posts:
mechanicalpencil · 13/06/2024 15:13

First time buyer so no experience to compare to!

OP posts:
TheSpottedZebra · 13/06/2024 17:31

As i understand it, when you're responsible for a boundary, you don't NEED to install a fence. You could just mark it with sticks and string.

Typically people who are responsible for the boundary do a bit more than sticks and string, and so they buy and maintain the fence. But they don't have to. They can suggest sharing costs if they want.

And the thing about having to give your neighbour the 'good' side of a fence is rubbish too.

GasPanic · 13/06/2024 17:57

What does it say in your actual deeds ?

Baital · 13/06/2024 18:04

There is no legal obligation to maintain a fence. There is a legal obligation to mark a boundary if you are responsible for it.

You don't have to maintain the fences. Nor do your neighbours. Only mark the boundary.

helleborus · 13/06/2024 19:32

GasPanic · 13/06/2024 17:57

What does it say in your actual deeds ?

^ this. Sometimes the information in the report with the ticked boxes that you photographed can be incorrect.
The title plan might show responsibilities - often using a 'T' on the diagram, or the deeds might describe them.

GrannyAchingsShepherdsHut · 13/06/2024 19:39

helleborus · 13/06/2024 19:32

^ this. Sometimes the information in the report with the ticked boxes that you photographed can be incorrect.
The title plan might show responsibilities - often using a 'T' on the diagram, or the deeds might describe them.

It doesn't necessarily matter.

If in the past someone with a T mark decided to take the sticks and string approach, and the neighbour the other side of the boundary decided they wanted a fence, then they'd be completely in their right to put up a fence of their own, wholly on their side of the boundary, which they would own and then the T mark on the deeds would be wrong.

DogInATent · 13/06/2024 19:44

GasPanic · 13/06/2024 17:57

What does it say in your actual deeds ?

^ this

Only the Title Deeds can give the definitive answer. It's always worth making sure your solicitor makes you a copy and you keep it with your house paperwork to refer to. The document you have may or may not be accurate.

GasPanic · 13/06/2024 19:49

GrannyAchingsShepherdsHut · 13/06/2024 19:39

It doesn't necessarily matter.

If in the past someone with a T mark decided to take the sticks and string approach, and the neighbour the other side of the boundary decided they wanted a fence, then they'd be completely in their right to put up a fence of their own, wholly on their side of the boundary, which they would own and then the T mark on the deeds would be wrong.

It gives you some moral high ground though.

I had a polite "dispute" with one of my neighbours about who owned the fence bewteen us as it was falling down. They said it was mine.

I knew it wasn't. I told them if they would share their deeds with me proving it was me who was responsible for the border I would fix it no issues.

2 months later a very fine fence was erected on the border !

winewolfhowls · 13/06/2024 20:09

Regardless of who is responsible, I've always gone half with both sets of our neighbours, and then the neighbours that took over from them. And discussed what we would both be ok with. And always painted a standard brown. I think it depends on the general area where you live and what is seen as the 'done' thing (we're quite rural).

Iliketulips · 13/06/2024 20:40

Title deeds should define who owns what. If you're having a say in the new fence, then you might pay something towards it. If not, no need to pay. Just be aware that if you pay something towards it, it used to be seen that you're accepting you're responsible for it's maintenance/replacement in the future no matter who owns the boundary.

mechanicalpencil · 14/06/2024 09:56

All very helpful messages, thanks everyone.
I was under the impression that the photograph attached above was part of the deeds so I need to see if I have that. I’m not sure we do to be honest so I may have to contact the solicitor.

OP posts:
Frasers · 14/06/2024 10:00

mechanicalpencil · 14/06/2024 09:56

All very helpful messages, thanks everyone.
I was under the impression that the photograph attached above was part of the deeds so I need to see if I have that. I’m not sure we do to be honest so I may have to contact the solicitor.

You just get them from land registry, costs 3 quid or something at that level.

mechanicalpencil · 14/06/2024 10:12

@Frasers
Thanks, I didn’t know that!

OP posts:
Flump9 · 14/06/2024 10:18

Agree those tick boxes can be wrong, we knew it was wrong on ours as knew the sellers but the solitors weren't bothered about changing it just said it didn't matter.

AlisonDonut · 14/06/2024 10:31

First get a copy of the deeds.

Then look at the fence.

Does it need updating or securing?

Would it benefit you if it was renewed/replaced?

Have you got an idea of what it is they are planning on replacing it with?

Have you got a copy of the quotes?

Even if I wasn't responsible for replacing it, and it was needed I'd probably contribute if I had the cash but as a first time buyer you might be strapped so it is a decision only you can make. But if they were planning on putting a really tall fence in which would shade the garden I wouldn't be contributing.

These are all questions you need to answer for yourself before deciding. For example, if you want to get a dog you might need a better fence.

Frasers · 14/06/2024 10:36

mechanicalpencil · 14/06/2024 10:12

@Frasers
Thanks, I didn’t know that!

You can also get your neighbours if you wish.

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