Fence ownership confusion

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volks

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So I was due a fence quote being done, but I'm still unsure which fence is mine.

See attached diagram with the post.

image.png

Fence A is owned by the other neighbours, so that's not mine ( I know for a fact as they replaced not long before I moved in)

Fence B faces onto a house behind mine (and the posts are on my side of the fence, along with the inside of the panels)

Fence C backs onto a council property, which is a corner plot (it also extends past their external wall that faces the road hence the blue line jutting out past the purple line - their wall that is set back from the road ) - the posts and "inside" of the fence faces their property
I was led to believe fence B is mine, but the face fence C extends past the wall facing the road of the purple property is suspect - bit odd they have their wall stopping short of where the front of my property is - whether that is accurate for their fence line or not, I don't know.

The title deeds are no help for mine or any adjacent property, they just show boundary lines and not fence ownership (I also contacted the council who were non committal on which fence belongs to them...)
I am erring towards saying I own fence B, and leaving C to the council, but who can say!

Also on the conveyance papers, the previous owners son was handling the sale, so for all the questions of "who is responsible for the fence on the left/right/rear, they put "unknown". So absolutely no help there!
 
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The problem is boundaries are replaced over time so what's there now may not reflect the true situation. For example a hedge may be planted on a boundary, the neighbour whose boundary it isn't doesn't like it so erects a fence on their side, on their property immediately in front of and parallel to the hedge. Later the hedge is removed and the fence could then be assumed by any new owners as their boundary, but it's not.

The way to be certain is to look at the plan that will be with the land registry plan in the property deeds, if your property is mortgaged then your solicitor should have provided you with a copy when you purchased the property. On the plan, the land that the 'T' is on indicates who is responsible for the boundary.

In the example below the boundaries indicated are the responsibility of house number 19.

download.jpeg
 
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stem said:
On the plan, the land that the 'T' is on indicates who is responsible for the boundary.
Click to expand...
That should be, 'On the plan, if there is a 'T' then the land that it is on indicates who is responsible for the boundary".

AFUIUI it was not common to mark this on land plans until the 1970s and is far from universal even now.
 
OK, could be worth a shot though, my property was built late 50's early 60's and has 'T' markings on the plan. Maybe we'll find out when the OP takes a look at their deeds, or those of the adjoining neighbour.
 
I did put the info on the original post, the deeds all just show boundary, not fence line, even the new build property that was put up in the last 20 years.
 
Many deeds do not show the T, mine don't, then it's really down to speaking with neighbours and agreeing what's what.
 
Land Registry 'plans' are unlikely to define who has responsibility / owns the boundary - I'm in dispute with them and neighbour over the boundaries of a property that I own and have a copy of the original deeds that they were supplied with by the solicitor; he was aware of how much information is missing from electronic Land Registry records.
What you need are the original plans from when the property was built. Such ought to be in the deeds pack that the Building society hold unless you now own the property outright. Ask the transacting solicitor and the BS - they may have them.

It may be best for you to speak nicely to your neighbours about jointly paying for the fencing; i.e. joint responsibility, in many cases it saves disputes. When I've done fencing jobs I always ask who is ultimately paying and do your neighbours agree, if it's only one property owner and the neighbours aren't involved either financially or in agreement with the design I refuse the work - been bitten once, never again.
 
Diver Fred said:
Land Registry 'plans' are unlikely to define who has responsibility / owns the boundary - I'm in dispute with them and neighbour over the boundaries of a property that I own and have a copy of the original deeds that they were supplied with by the solicitor; he was aware of how much information is missing from electronic Land Registry records.
What you need are the original plans from when the property was built. Such ought to be in the deeds pack that the Building society hold unless you now own the property outright. Ask the transacting solicitor and the BS - they may have them.

It may be best for you to speak nicely to your neighbours about jointly paying for the fencing; i.e. joint responsibility, in many cases it saves disputes. When I've done fencing jobs I always ask who is ultimately paying and do your neighbours agree, if it's only one property owner and the neighbours aren't involved either financially or in agreement with the design I refuse the work - been bitten once, never again.
Click to expand...
Fair, thanks for the info. I've always seen sharing the cost of a fence as worse, given it sets up disputes of who maintains the fence and pays for repairs, upkeep and how the situation may change if either party move in the future.
 
Never seen a 'T' on any land reg plan of any house i have owned...
 
I have neighbours agreement. Right is next door, bottom is those behind, left is mine but shared costs of replacement with neighbour. Replacement panels are halved, his gardener gets them, replaces them, takes away the old panel and neighbour shows me the bill and I pay half.

Perfect world of fence ownership :giggle:
 
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