Boundary Fence

[patbhoy]

I recently moved house and the boundary fence separating me from the next door neighbour is rotten an collapsing into my garden.
The neighbours are strange people and don't speak so I'm unable to converse with them to resolve the problem.
Am I within my rights to remove the fence as I don't want it collapsing fully and damaging plants in my garden.

[New Judge]

Are you sure they are responsible for it rather than you?

[Bazile]

Does it say in your deeds , whose house the fence belongs to .

[ToraToraTora]

Just build your own fence immediately inside theirs.

[patbhoy]

I would assume being a boundary fence that it would be jointly owned

[Old_Geezer]

Probably a mistaken assumption.

However, in my experience, new neighbours can deny responsibility for a wall/fence that has been known for years to be the neighbours' responsibility, and what are you going to do ?

[Zacs-Master]

Do we know this person is in the UK?

[Atheist]

patbhoy; Are you in the UK? Do you own your house? If so, do you have any documents which show a plan of your property? If so, there should be a plan which shows the boundaries, and a little T-shaped mark on each boundary - this indicates who the boundary belongs to.

[patbhoy]

I'm in the UK (Scotland) my title deeds only mark out where the boundary lines lie, there is nothing marking out who owns the boundary.
For the sake of my question let's assume the dividing fence is the joint responsibility of myself and my neighbour.
Given that the fence is collapsing onto my property am I within my rights to remove it ?

[goodgoalie]

The side of the fence that has the supports for it are usually on the side of whoever is responsible for the fence.

[Atheist]

You could try asking other neighbours if they think they know which fence is which. It is common for a back garden to have responsibilty for one side and the neighbour for the other. Any recent fence replacements might indicate which way things work for your situation.
I think you need to speak to the neighbour in question (whose fence is falling).
I don't know about Scottish law; maybe your conveyancing solicitor can help.

[Atheist]

I agree with goodgoalie, although (like the fence) it might not stand up in court.

[Zacs-Master]

‘let's assume the dividing fence is the joint responsibility‘
A bit of a dangerous assumption. Sometimes there are ‘T’s on boundary deeds indicating ownership:
https://www.landregistry-titledeeds.co.uk/frequently-asked-questions/information/title-plan.asp

[douglas9401]

Knock on their door, tell them you're going to fix the fence, fix the fence, move on.

[Zacs-Master]

The fence post thing is an urban myth
‘ It is a common misconception that the manner in which a fence is constructed indicates who owns it. For example, it is commonly believed that if fence posts are located in one person’s garden – they own the fence’
https://www.inbrief.co.uk/neighbour-disputes/ownership-of-fences/

[jno]

ZM, does that also apply in Scotland?

[Zacs-Master]

Good point. It appears to be slightly different:
https://www.ros.gov.uk/services/search-property-information

[youngmafbog]

//The side of the fence that has the supports for it are usually on the side of whoever is responsible for the fence.//

That is not necessary true. Part of my fence has the supports on the neighbours side, the reason being historical and the fact the feather edge cant be got at through the shrubbery on the neighbour side. OK, they have 'gained' a few inches but I have enough so really dont care.

One option is to do what TTT suggests. Part of my front fence is like that due to an awkward neighbour (before we moved in).

What exactly do you mean by the neighbours are strange people who dont speak? Are they mute or simply dont socialise? Either way often people will communicate for things like this even if they dont want to say hello every day.

[patbhoy]

The fence has been built double sided with the posts in the centre.

[The Builder]

Yes, it also applies to Scotland.
I have to agree with Zacs. With all respect to Atheist and Goodgoalie, there are no accepted "rules" on fence ownership.

They are all myths that have developed over the years.
I must admit I would just put up my own fence on my side, right up against the existing one.

To be pragmatic, I would do as Dougie says........... go and tell them you're going to do some work on the fence to stabilise it.
Since no one will have a clue as to ownership, I doubt if anyone will contest it.

[ZebuSanctuary]

// fence has been built double sided with the posts in the centre //

So long as your neighbour is adamant the fence does not belong to them, then you’re at liberty to remove the panel/s which are threatening your flowerbeds. However this could result in the neighbour believing you have taken ownership of the fence.

If you’re intending on fixing the fence, it’s almost inevitable that you will encroach on your neighbour's property. So at some stage you’ll need to talk about the problem. This would give you the opportunity to put forward (gingerly) the costs involved in effecting the repairs.