Non-motoring > "Ownership" of garden fences	Miscellaneous
Thread Author: Meldrew	Replies: 31

Tue 13 May 14 16:32   "Ownership" of garden fences - Meldrew

My small back garden has left, end and right fences, two of which have been affected by the recent strong winds. All three have the supporting vertical posts on my side. Does this mean I am responsible for all three fences? What is the general rule, please, if there is one? Reply to this message | Report message

Tue 13 May 14 16:34   "Ownership" of garden fences - Robin O'Reliant

Which side the posts are on has no bearing on who owns the fence. Your deeds should tell you who owns what. Reply to this message | Report message       3

Tue 13 May 14 16:40   "Ownership" of garden fences - Bromptonaut

>> Which side the posts are on has no bearing on who owns the fence. While that is true and deeds are only definitive guide the posts are often set on owners side. That way he can access them and fence follows actual boundary. The general rule on this development is that you own either left or right but because of design/shape we own all ours. All posts are on my side. Reply to this message | Report message

Tue 13 May 14 16:48   "Ownership" of garden fences - Clk Sec

I don't believe that anyone has a specific responsibility to erect a garden fence, but most reasonable folk will put one up on their own boundaries, and these should be noted on the deeds. Last edited by: Clk Sec on Tue 13 May 14 at 16:51 Reply to this message | Report message

Tue 13 May 14 17:06   "Ownership" of garden fences - CGNorwich

The really big irritation with me is people who plant hedges right on the boundary line. Hedging plants be planted sufficiently far from the boundary so that all of the hedge is on the owners property. If it is going to be a thick hedge that means 3 feet away not six inches! Reply to this message | Report message

Tue 13 May 14 17:13   "Ownership" of garden fences - Clk Sec

>> If it is going to be a thick hedge that means 3 feet away not six inches! >> You've got more chance of winning the lottery than someone planting a hedge that far from their boundary, CG. Reply to this message | Report message

Tue 13 May 14 17:22   "Ownership" of garden fences - CGNorwich

All the hedges I have ever planted allow for the expected growth of the hedge. I know I am in the minority. Hedges are a frequent cause of disputes: It is sensible to avoid them. Reply to this message | Report message

Tue 13 May 14 17:14   "Ownership" of garden fences - FocalPoint

"The really big irritation with me is people who plant hedges right on the boundary line." As I'm sure you know, you are entitled to mercilessly hack off any growth that hangs over your side. Reply to this message | Report message

Tue 13 May 14 17:19   "Ownership" of garden fences - CGNorwich

Oh I know - and then they complain about mutilating their hedge and throwing the clippings in their flower bed. Reply to this message | Report message

Tue 13 May 14 16:44   "Ownership" of garden fences - FocalPoint

Certainly the fact that the posts are on the "inside" suggests you are responsible for that fence, but proves nothing. In the house I rent out I am responsible for all three boundaries. In my home I am technically responsible for one side, but my neighbour prefers to put his own fence up, so I have an easy time. In fact, I will be putting my own fence up at the bottom this summer, as I want a particular design. As Robin says, check your deeds. Reply to this message | Report message

Tue 13 May 14 17:12   "Ownership" of garden fences - R.P.

www.rics.org/uk/tag/party-walls/ There is another slightly more pretentious site as well. I'll remember its name in a minute and post it. It has a very good section on fences. I was reading it only yesterday whilst bored. Reply to this message | Report message       1

Tue 13 May 14 17:47   "Ownership" of garden fences - Armel Coussine

It's absolutely basic commonsense to be on civil terms with neighbours and discuss with them in advance any ideas for any fences, hedges, trees etc on or near the boundary. If a neighbour turns out to be nasty or half-witted, you just have to put up with it as best you can. We are so fortunate both in our neighbours and in our garden arrangements that I'm quite glad I lost the long post smugly describing them. It was an accident - such an annoying thing to happen - but a correct unconscious decision somehow. One doesn't want to be hated even more than one is already. Last edited by: Armel Coussine on Tue 13 May 14 at 17:48 Reply to this message | Report message

Tue 13 May 14 17:51   "Ownership" of garden fences - bathtub tom

My neighbour couldn't understand they had responsibility for both their boundaries, the deeds were conclusive. They're on a corner plot. I tried to explain what happened if two houses were built in the middle of nowhere, there would be three boundaries. May as well have been talking to a brick wall! To define a boundary, you don't need a fence. I understand a row of posts is sufficient. I did explain to one neighbour (whose fence was insufficient to keep their dogs off my garden) about the rat poison I had down. A little Ex-lax goes a long way! Reply to this message | Report message

Tue 13 May 14 17:55   "Ownership" of garden fences - CGNorwich

You don't need anything at all to mark a boundary although it is probably wise to avoid disputes. Reply to this message | Report message

Tue 13 May 14 18:17   "Ownership" of garden fences - R.P.

www.partywalls.org.uk/ This is the one .....they seem to take themselves dreadfully seriously and they sell "regalia" some of which would not be out of place gracing the pages of Viz. The fact sheets are very useful though. Reply to this message | Report message

Tue 13 May 14 18:27   "Ownership" of garden fences - Meldrew

Thank you for the info so far. Best idea seems to be to go my solicitor and inspect my deeds, which they hold for me. Reply to this message | Report message

Tue 13 May 14 19:00   "Ownership" of garden fences - Armel Coussine

>> Best idea seems to be to go my solicitor and inspect my deeds, which they hold for me. And discuss everything civilly and patiently with the neighbours in question. Really. Reply to this message | Report message

Tue 13 May 14 19:07   "Ownership" of garden fences - Dulwich Estate

" .... go my solicitor and inspect my deeds, ..." and be prepared to be disappointed ! The deeds, if they show anything will show tiny red "T" shaped marks which indicate the boundary. PS If your property is registered with Land Registry then you don't need deeds and they are superfluous. If the solicitor doesn't charge to store them, well fine. If he does take them home. Reply to this message | Report message

Tue 13 May 14 21:48   "Ownership" of garden fences - FocalPoint

"If the solicitor doesn't charge to store them, well fine. If he does take them home." Have I got this right? You're suggesting keeping your house deeds in your house? Reply to this message | Report message

Tue 13 May 14 22:17   "Ownership" of garden fences - R.P.

I have mine, it's normal if you're living on land registered at the LR. Reply to this message | Report message

Tue 13 May 14 19:07   "Ownership" of garden fences - R.P.

You may get a surprise at the detail of any plans...and the 2 metre (to scale) red pen used to mark it ! Reply to this message | Report message

Tue 13 May 14 19:19   "Ownership" of garden fences - sooty123

When I saw mine, I was surprised to how low the detail was. No surprise there are loads of disputes. Reply to this message | Report message

Tue 13 May 14 19:28   "Ownership" of garden fences - R.P.

RICS will give 30 minutes of free advice from a surveyor...there's a telephone number er...somewhere...I'll dig it out. The post "My side" theory would not stand up in Court. Bit like a fence really. Reply to this message | Report message       1

Tue 13 May 14 20:57   "Ownership" of garden fences - Meldrew

Thanks RP - not urgent. I am off to the land of paella and sangria until the end of the month and if the fences blow down while I am away I shan't know or care! Reply to this message | Report message

Tue 13 May 14 21:51   "Ownership" of garden fences - Dulwich Estate

"Have I got this right? You're suggesting keeping your house deeds in your house?" Precisely. It's only a set of interesting historical documents. Reply to this message | Report message       1

Tue 13 May 14 21:57   "Ownership" of garden fences - Dulwich Estate

Link to Land Registry: www.landregistry.gov.uk/public/faqs/where-are-my-deeds-kept Reply to this message | Report message

Tue 13 May 14 22:09   "Ownership" of garden fences - Bromptonaut

>> Precisely. It's only a set of interesting historical documents. Not even that if you've bought a recent place. Mine, a 1998 build on land acquired local farmers but previously leased for village sport/community purposes, consist of office copies of Land Registry, similarly certified local land charges entries and documentation about the NHBC guarantee on original build. Nothing that couldn't be easily replaced. Different though if it's an old and not previously registered property Reply to this message | Report message

Wed 14 May 14 11:11   "Ownership" of garden fences - Ambo

>>red pen used to mark it This how my fence is marked and it seems very weak as evidence. I could easily have marked it myself, which I might have done to deny responsibility for the other two fences, if they were in dispute. (The fourth is the public road.) When working in the Ordnance Survey, I found that a lot of disputes arose in country areas when farmland was sold. Soil creep often leads to fences moving and apparent acreage changes, especially on hilly land. This meant OS re-surveying the fences to establish original tracks. This does not always work and resort might have to be made to "oldest inhabitant's memory" evidence if available. This seems very weak indeed but was sometimes accepted for court judgements. Reply to this message | Report message

Wed 14 May 14 11:12   "Ownership" of garden fences - Gromit

"You don't need anything at all to mark a boundary although it is probably wise to avoid disputes." Its become a requirement for planning permission in Ireland that all new houses have a wall built around the boundary to clearly mark it out and avoid such disputes. (That brings its own problems - building a wall around a typical half acre site for a house built in the country costs, and the wildlife doesn't appreciate the hedgerows being removed!) Older houses can be sold with boundaries "as seen", with the result that 'land grabs' betwen neighbours become accepted by default and site maps bear little resemblence to reality - a problem when debates arise over who's responsible for a drain/hedge/verge of the road. Reply to this message | Report message

Tue 13 May 14 22:32   "Ownership" of garden fences - Avant

Two sides of the four are our fences - but every time over the years that a neighbour has asked if we minded them putting up a fence, I've just said 'Fine - carry on.' So we have newish fences all round, paid for by others. Reply to this message | Report message

Tue 13 May 14 22:38   "Ownership" of garden fences - Runfer D'Hills

I quite like having a fence. It feels more private. Odd though that I am prepared to spend quite a lot of money and go to not inconsiderable effort each year to lie on a sunbed in close proximity to a random fat person from Ormskirk without there being the faintest chance of there being a separating fence available. Reply to this message | Report message

Wed 14 May 14 07:19   "Ownership" of garden fences - Dog

>>Odd though that I am prepared to spend quite a lot of money and go to not inconsiderable effort each year to lie on a sunbed in close proximity to a random fat person from Ormskirk without there being the faintest chance of there being a separating fence available. Hehe! .. When we lived in Tenerife I used to see quite beautiful Scandinavian lasses laying about topless displaying their wares - all quite normal of course. but if I saw a neighb doing it (no chance here!) I'd have a 2nd/3rd/4th peek. Reply to this message | Report message