Garden Fencing

[overlooked]

Our neighbours are disputing our ownership of a fence although it was built on our side of the original chain link fencing by the previous owner approx. 1989. We have shown them documents to prove ownership but they say because the arrises are on their side it is their fence. Are there any laws requiring who gets the good side of the fence.

[Jamie Lewis]

you'll need to speak to the Land Registry people and get them so show you the definite borders and boundries for each property. Normally when facing a house your fence will be on the left of the property and your neighbours on the right. If the fence in question is your fence and has been built inside the boundry of your property and you can prove that then its yours. They should only be disputed it if it's encroaching onto their land.

[smudge]

Apparently it's common courtesy for the good side of the fence to be facing your neighbours side. We didn't though, as we paid too much money for them to benefit it all, at our expense!

[sddsddean]

We live in the middle house of three and neither of the 'side' fences are ours, but we have got one 'good' side. There is no hard and fast rule. The only way to know which property the fence belongs to is to refer to your house deeds. Fences belonging to the property will be clearly shown on them.

[smithy]

Don't be bullied, arris rails aren't proof of ownership!, Is it within your boundary? Do you still have documents from purchase of house as the boundaries are usually identified then (but not always)

[Toffee]

1. Land Registry will be unlikely to be able to help. They do not pretend to be able to be definitve about boundaries. 2. There is a rebuttable presuption that, in the absence of evidence to the contrary, a fence belongs to the person on whose side the supports stand (similarly with walls/piers), possibly a different way of expressing smudge's answer. 3. In your case you seem to have evidence to rebut your neighbours' contention. 4. If you can show that the fence is on your land, you win and rebuttable presumptions do not come into it. 5. This is of course all on the basis that your property is in England/Wales and that by "arrises" you mean the posts holding the fence up.

[overlooked]

Thanks everyone. We will be writing back to the neighbour's representative with required documents and hopefully they will then leave us alone. Overlooked

[norfolk boy]

My wife informs me,try to keep out of the court,as you could end up with a bill going into thousands and moreso if the otherside get legal aid!

[Maude]

The advice given by Norfolk Boy is very, very important. Over many years I have been called into many boundary disputes, the cheapest loss to an outright loser I know of is �30,000 and two were in excess of �100,000. You are in an extremely serious situation with both your own and your neighbours houses now blighted and unsellable because of a boundary dispute. The dispute must be resolved by one or the other of you backing down in writing, it cannot be left open ended by one or the other "just going away". Remember also that however it is resolved the existence of the dispute must be disclosed to a future purchaser. It would be most unwise of you to provide your "neigbour's representative" with any documentation whatsoever. They will only pick over it see what can be twisted and used against you. Simply reply to the representative saying that to facilitate consideration you require fuller and better particulars from them of their claim against you. Depending on the reply, either give them the fence or engage a solicitor if you think they have no case. The position of posts, arriss rails, etc are no proof of ownership. The "T" on a plan shows whose fence it should be, but is not necessarily proof of ownership of what is there. I shouldn't say this, but if you are able to produce a plan showing the actual boundary 100mm your neighbour's side of the fence and get fierce about it that might get him to withdraw if he hasn't got much money.

[Maude]

If you are still reading this get hold of a copy of todays Times and read the article at the bottom of pages 6 & 7 in the Law section.