Fence Responsibility..

[hippyhoppy]

How do I found out which fences around my property are my responsibility to maintain? One has fallen down which I don't think is mine and the neighbour has come a'knocking expeting me to fix it.... I'm off to work now, so won't be able to thank any answers til later... but any info would be appreciated... :-)

[sunny-dave]

No-one has the 'responsibility' to fix any garden fence - whether or not it belongs to them.

There is no legal requirement to fence your garden - if the neighbour 'needs' a fence that is their decision and must be erected on their side of the dividing line.

Having said that, it does depend how much you need to be on good terms with a neighbour as to how you agree (or not) to mend stuff yourself, or contribute to a joint solution.

[whistonian]

Check your deeds ,a little arrow will point to the boundary fence which which belongs to you.

[dzug2]

The plans with your deeds MAY indicate what is whose. If not it could be a joint responsibility

Even if it's yours you are under no obligation (normally) to maintain it - as long as it's not dangerous.

[Wak]

I have always understood that the frame work or supporting posts are on the owners side so that the nice looking side is offered for the rest of the world to see.

[sunny-dave]

^^^ Not True ^^^

See my first post - you have NO responsibilty for any fence unless there is a specific reference in your deeds (which is very, very unlikely for a domestic property).

[grasscarp]

As others have said the deeds of your property will show whose responsibility the fencing is. At my front door looking outwards the fence to the left is neighbours and one to the right is mine.
Neighbour has replaced panels in front and back garden during these storms as both were his responsibility.

[woofgang]

there is a catch with the little arrow thing. Its possible to accidentally "adopt" a fence where ownership is unclear by making repairs to it in the past. I would agree that the thing about arrows on deed making fence ownership clear is not always true. Its not true on my deeds for instance. And yes, if there is no covenant stating otherwise then the only responsibility that the fence owner has is to keep it safe ie not a risk to others. they can remove it at will.

[woofgang]

I also agree with Dave about staying on good terms with neighbours if humanly possible as it can really screw you up if you decide to move and have to declare any disagreements (formal ones) that you may have had.

[Butterbun]

When the fence fell down between neighbour and us, we agreed to share the cost to replace it. Could you discuss and agree this with your neighbour?

[hippyhoppy]

Thank you all for your answers. it was slightly more complicated than I explained... the broken side fence is side on to a little pathway leading to the houses who side one's to me with their back gardens and gates.. so they already have a back fence and don't think the pathway fence (on the side of my property, not their back garden) has anything to do with them! But the gods are on my side and we found the deeds with the litttle 'T's on the owners side and BINGO.. it's not my fence... Ex has gone round to angry Scottish man who wasn't happy and is determined to prove us wrong... Will keep you posted.... Thanks again (and sorry if I sound smug, but I can't affor to repair something that's not mine... (or, frankly, be intimidated by someone who thinks I will capitulate when I know my ex wil back me up 100%)

[boxtops]

hippy, whoever it belongs to - quite a lot of insurance policies now including fencing in their cover, so it's always worth checking that out, too.

[hippyhoppy]

I did Boxy.. unless a tree fell on it or it was vandalised, they wouldn't touch it with a bargepole....

[boxtops]

Ah - depends on your insurance company, I guess :-(