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back garden fence

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mybutty | 12:00 Fri 09th Mar 2012 | Law
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as i look out of my back door into the garden 2 fence panels on the right has blown down and broken. my neighbour says it is my resposibility to replace them. but i always thought that i was responsilble for the fence on the left hand side. iv'e looked on my deeds and it does'nt say which side is mine. does anyone know how i find out which side is my resonsibility. thanks for any replys
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Who erected the fence?
On some deeds There is T inward towards your property marked on the fence line if it is your boundary. You are not required to erect a fence and in fact some neighbours especially in the front gardens have no barriers. Unless you have pets that you need to keep on your property, you are not obliged to replace them. However for the price of two fence panels is it worth the hassle.
First thing I should say is do try all reasonable means to stay on good terms with your neighbours!
There should be little T marks on the property deed plan to say which fence is yours, but that only says which fence you own. Unless there is a covenant on the land to say you must keep it fenced, then all the T mark says is that you own the fence. You don't have to keep your land fenced (but you do have to control eg straying dogs if the dog is yours) so what you could do is remove the damaged panels entirely or leave them as they are if they don't pose a risk or aren't impinging in your neighbour's land. Go and take a look at the gardenlaw website for more info.
There is no general responsibility in law to fence your property - you may choose to do so for privacy purposes (or to keep your children/pets from straying) - but if you choose not to replace the fence then that's up to you.
Gardeners World on BBc tonigh or over the weekend have a guide on boundaries, might be worth a look.
... but (as said above) - talk to your neighbours, hopefully come to an amicable agreement, but if not you will have to take a pragmatic decision as to whether it is worth falling out with them ...
I do not think you will find the level of detail required to establish the ownership of the fence from land registry documents, did you erect this fence or on what side are the support posts may be a more helpful indication.

As others have said the most important thing is not to fall out with your neighbours over the cost of two fence panels.

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