As one would expect, in most cases, the owner is responsible for any maintenance the fence may require. Again, as expected, party walls and fences would be the joint responsibility of both neighbours. While the above will be true for most, in some instances things can get a little murky. Furthermore, sometimes even Land Registry documents can be misleading. There have been cases in the past where one party has taken on maintenance responsibility for so long they have actually become legally responsible for the upkeep.
Such cases are rare and extremely difficult to prove, but it does happen. This is a tough one, and many homeowners are often left frustrated by the answer. Some go down the route of employing a boundary demarcation and disputes expert to gather evidence and write a report, but this usually fails and can end up costing more than replacing the fence itself. Basically, if your neighbour is unwilling or unable to spend money on their fence, you cannot force them to do so by legal means.
If you find yourself in this situation, the best thing to do is leave their fence where it is and erect your own on your land. Boundaries are, as laid out in the HM Land Registry plans: boundaries practice guide 40, supplement 3, 2. This will usually mirror ownership and maintenance. So, if your deeds indicate that the fence in question is your responsibility, then it is down to you to erect the new fence.
Obligation to fence one's land Who is responsible for erecting the fence? Fence height: How high a fence can I put on my boundary? Fence ownership: Who owns which fence?
Is it true that every house owns the fence on its left side, as you look at it from the street? Fences, appearance of: Must the smooth side of my neighbour's fence face towards me? Fences as supports: Can I hang things on my neighbour's fence? Fences as supports: Can I use my neighbour's fence as a support for my own plants?
Fences, appearance of: Can I paint my side of my neighbour's fence? Fences, appearance of: What can I do about the unsightliness of my neighbour's fence? Fence height: Can I make my neighbour reduce the height of his fence? Fence, age of: How can I find out the age of my wooden fence? Obligation to fence one's land We are all accustomed to seeing fences around fields and around the gardens of individual houses.
These are usually related to safety and include: alongside railways: Railways Consolidation Act ; around disused mines: Mines and Quarries Act ; around building sites adjacent to highways, both road and path: Highways Act ; to prevent livestock from straying from their fields: Animals Act If the question you are asking is: How can I make my neighbour repair or replace his fence? It is, after all, his fence and if he wants to let it rot away then that is his choice.
Don't forget that there is no general obligation in law that requires him to fence his boundaries, so you cannot depend on the forces of law to make him change his mind. There is no point instructing a boundary demarcation and disputes expert to write a report with which you are hoping to remind your neighbour that he should repair the fence: if he doesn't want to spend money on his fence then he will not listen to your expert.
So you would be wasting your money, quite possibly as much or more money than it would cost to pay for a new fence. So what can you do? You could do nothing and just watch the fence rot away. You could leave the old fence exactly where it is and erect your own fence right alongside of your neighbour's fence.
So there are now two fences, one on your land and one on your neighbour's land. The boundary, being a line of no thickness, would then run between the two fences even if those fences are touching each other. The height of fences is a matter of planning policy.
To find out what is allowed in your area contact the local authority planning office. As a general rule, fences in rear gardens are allowed to be up to 2 metres high.
Who is responsible for erecting the fence? There is no general rule about whether you own the fence on the left or the fence on the right of your property. The truth of the matter is this: it is the vendor who breaks up the land into smaller parcels before selling each parcel individually who assigns responsibility for the boundaries of the new land parcels that he creates.
If he remembers to do so, then he will identify in the conveyance deed or the transfer deed the boundaries for which the purchaser is responsible. Consider the picture above. It shows four houses, numbers 32, 34, 36, Learn more. Our Brands Gate Furniture Everything from hinges, locks and gate kits. Fencing and Accessories A range of posts, fittings, electric fencing and accessories.
Tools and Fixings General and specialist fencing tools and fixings. About Us Sustainability. Birkdale Blog Press Releases Installation advice. Get an idea of ownership by looking There is no general rule about whether you own the fence on the left-hand or right-hand side of your property.
Determine ownership with title deeds For an official and accurate answer, dig out the title deeds for your house. More Resources. Birkdale Blog Garden lighting: tips to enhance your outside space There are many different lighting arrangements that can improve the way your garden feels and appears at night.
If there is any uncertainty, you can request a separate authority to determine exactly where a boundary lies. None of these simply come round and decide where your boundary is, but instead you are expected to make a legal case and put it to the court so that a judgement to be made.
All of this can seem a bit much just to define a garden fence boundary. If possible, find access to recent house surveys or deeds that have plans of the land. In many cases, defined boundaries will already have been labelled on these.
This will hopefully answer the question: "Which fence is mine?
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