fence ownership query

[flossy74]

I rent my property and with the recent high winds, both sides of my garden have lost several fence panels. The landlords arent sure which side is theirs, one neighbour says its my left the other says its my right, which ended up meaning both sides are mine! No-one seems to know about their deeds either, so is there a steadfast rule over which side is mine, or does this mean I have to pay out for a copy of the deeds for my property?

[Hugh Spencer]

Hi,
The deeds of the properties would show you but if these are not available there use to be a rule that if there are cross bearers to the fence, the horizontal beams to which the vertical pieces are fixed, that side of the fence indicates the owners.

[flossy74]

Hugh, have had look at panels, and going by what you said, it seems possibly the RHS would be mine (typical as I have 6 fallen panels that side!). But would this be enough to go on, to approach neighbours to my left to ask them to replace panels as they were insistant it was up to me, saying it wasn't their side to replace. I do find it bizarre that noone seems to have access to their own deeds!Oh, and another 2 have fallen down that side today!!!!!

[My Angel Pie]

i always thought that the rule of thumb was, as you stand in your garden, the fence on the left is yours. This has been the case for all our properties, but agin you will need to check. Isn't this weather appauling! I have a skip of rubbish on the drive and i know it's gonna be up the road by tonight!!

good luck

[zimzam]

I think if you stand at the back of your house with your back against the wall the fence to your left is yours.

[buildersmate]

You rent the property, so tell your landlord to deal with it - its what you pay rent for.
If you really want to know which house owns which fence, pay �3 to download the title plan from the Land Registry website - if its an estate built in the last 30 years, there's a pretty good chance it will show a series of T symbols along the fence lines. Where the Ts are on your side, you own the fence.
Apart from that, there's no foolproof way of knowing; there's also no obligation on a landowner to replace a fence (unless there's convenant written into the land title), and there's nothing to stop any landowner putting up his own fence (up to 2 metres high) slap bang next to his neighbour's existing fence if he wants to.

[Nether Edge]

Flossy74: are you a leaseholder (paying ground rent) or an Assured Shorthold/Rent Act tenant?

[flossy74]

nether Edge: I am a shorthold tenant. My landlord has said that he will pay for me to replace the RHS as, at the time, I had more panels down on that side (8). My main problem is that I don't think they will fork out to replace the LHS also, which thanks to recent gales, now has almost all panels down too. If it helps, I'm in a semi, looking out to back garden I am joined to my right. I am joined on left by garden but not house. I think both sides are just sitting quietly thinking I'll do their side, therefore end up doing both! Have also looked at deeds on the net, cheapest I've found is for �20 and still not sure that would provide relevant information.

[Nether Edge]

�20 is cost of an official copy lease, unless you order electronically (cost: � 10).
That may show T-marks.
Or HM Land Registry may have another Deed plan (NOT title plan, which doesn't show T-marks) which would cost �3 if ordered electronically.
Really, landlord should have deeds - or access to them, if in mortgage - and they should contain all this info. Why do you have to fork out to verify position?