Fence ownership

Question

our deeds don't specify who owns the adjoining fence with neighbour.  We own back and right side as it adjoins a footpath.  The posts and rails are on our side. Neighbour has pinned new feather edge boarding onto the existing  using screwst  leaving  screws sticking through on our side .  If this fence turns out to be ours and we need to replace how do we stand especially as the panels on the other side belong to the neighbour.

Osman · Accepted Answer

I would advise raising this directly with your neighbor in the first instance, in a friendly manner, and gain their thoughts. 

It's important for them to note that if someone is seriously injured due to the screws e.g. a child. Then they could be held responsible.

If conversations go south then you will need to involve the local council of your area for advice.

Hope this helps.

Paul · Answer

This is a good question and you would be better getting in touch with the land registry as they will point out where your boarders lay usually if you have a terraced house then one side of the boundary is classed as yours. Regardless to direction of posts or plinths.

If the fence is actually classed as yours then you would be better running it through a solicitor before making any attempts to dismantling etc. 

There are fine line laws in regards to all this.

Paul · Answer

I would suggest speaking with the neighbour and coming to a mutual agreement in regards to the fence however you could always place a whole new fence just inside your gardens boundary along that side

Luke · Answer

Fence boundaries have always been an issue i would suggest cutting the screws off so no one gets hurt first.
Then if the fence belongs to you then you can change it to whatever you like just give the neighbour the option of having his timber back.
Sorry i cant be anymore help

Michael · Answer

Check with the council as to who owns it.
Try to speak to the neighbour to resolve the issue first, but if it is your fence then only you have the right to do anything to it.
Even if your neighbour wanted to paint their side of your fence they would need your permission, even to hang a basket on it too.

Rodney · Answer

Regardless of who has purchased the fence or made adaptions to it. If the fence turns out to be on your property then it is yours to do what you want with it.
When someone puts up a fence they should check on whose land it is. As the years go by the boundary line may move when a new fence is put in. If the detail is not clear enough on the plans that you have then you can get more detailed ones from a surveyor.

Nathan · Answer

If the problem is the screws poking through then first try and contact the neighbour peacefully and ask them to either remove the screws or use smaller ones that don’t poke through, measure the position of the fence as precisely as possible and check your land details to see if you own the land below the fence. If you do then you could do something more drastic but I wouldn’t recommend.

Chris · Answer

It is normally left hand side but if you can’t seek the answer on your deeds seek legal advice

Jamie · Answer

It’s more likely a joint ownership fence, so both would have to pay. Do you get on with your neighbour ? as I have done many jobs like this can cause friction between each other over a £500 fence.

Fence ownership

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