I'm wondering whether anyone can help me out with advice on responsibility for putting up/repairing a fence. I'm no longer sure which side I'm responsible for.
I've heard a whole variety of views:
- it's always the one on the left looking from the front of the house
- it's always the one on the right
- it depends on whose boundary it's on (what if it's in the middle?)
- it depends on who has maintained it in the past.
In short: there doesn't seem to be a generally applicable rule or law.
Can anyone point me in the right direction?
Tags for Forum Posts: fences, rules about fences
Hi,
We had a simmilar issue recenly and been advised that it was the right one -when facing the house..when entering the garden from the house again - right one - we had to replace few fence panels. We have also noticed some fresh paint marks on the left one - our neighbour was paining his one so it must be correct...Hope this will help.
Nik
There is no hard and fast rule. Responsibility for fences should be made clear in title or leasehold documents which will usually highlight the fence relating to that property.
I think typically, it's the one on the right, as you look at the house. The house deeds should hold the key, but very often refer to the boundary at marked "T" on the plan........then there's no "T".
You'll remember that map, Peter? Amongst the many fascinating details it revealed were the missing "T"s. It confirmed that on the Ladder, the rule seems to be the boundary on the left as you're looking out from the back of the house. I imagine that was used as standard (though Land Registry suggests that's tosh).
In my case, it's 'common and joint responsbility' according to my solicitor.
It's generally understood to be the right hand fence.
AsI understand in your back garden as you come out of your home the right hand fence is your responsibility.
My uncle recently experienced a similar issue with a neighbour who had knocked his (my uncle's) fence over. As you stand in the garden, with your back to the house, his fence is on the right.
However, he lives in Barnet, so I don't know if there are different rules for different boroughs.
Even as a lawyer (albeit not a property lawyer) I don't know. But I wouldn't want either of the guys who own the properties bordering mine to touch the fences. I have replaced one and will replace the other when it becomes necessary as I want something decent that will look respectable and not fall down at the next zephyr to waft through Harringay
Citizen's Advice offer this information - scroll down to barriers - seems to suggest no hard and fast rule, just who put it up in the first place?
Hi - I had an issue recently with the fence between my neighbours and ours. All the stuff about 'being on the right' is a myth - there is no 'rule of thumb'. Basically - unless it's actually marked on your deeds - it's pretty much a free for all.
NO-ONE has responsiblity for PUTTING UP a fence between properties. There is no legal requirement to have one and no one can force you to put one up (neither can you force anyone to put one up between your properties).
If you put one up - it has to be on your own land and is therefore your own fence.
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