Who is responsible for fence.

[conchy_joe]

Hi everyone, The fence at one side of the property (council) that I live in was damaged by the gales in April.After twenty or so e-mails from the council and numerous calls from me I was informed that the fence which is on the right,as you stand with your back to the house, is the responsibility of my neighbours.Could anyone confirm this for me.

[nohope]

Yes it is. As far as I can remember with your back to the wall, the fence on the left is yours and fence to the right is the neibours.

[conchy_joe]

Thanks for your help Nohope.

[citizenB]

Hmm, that is slightly ambiguous - If I stand with my back to the house.. From the front of the property, I would own one fence. From the back of the property, I would own the other side ?

 

What type of fence is it ? Usually the best side of the fence is faced away from the owner in order that they can repair the supporting posts.

 

If I stand with my back to the front of the house - it is the left side which is my neighbours and this is established through the property plans.

Edited August 24, 2012 by citizenB

[citizenB]

If you speak to any of your other neighbours, you could try and establish which fence is theirs and work it out from there.

[needhelp001]

If you're at the front of your house, with your back to the wall, the fence on the left is yours, the fence on the right is your neighbours.

 

Or to put it another way, if you're in your house, looking out onto your back garden (possibly from your kitchen or living room if they're at the back of the house), the fence on the left is your neighbours, the fence on the right is yours.

[conchy_joe]

HI citizenB,

 

Our situation is quite confusing.I have heard that there is a rule of thumb regarding responsibility.However, when the council contractor came and looked at the fence he said that he would have to phone the dept that dealt with the boundaries,he phoned them whilst he was with me and told me that the dept could not find the plans that would say whos responsibility the fence was.

He left saying that he would put in a request with that dept to ascertain which property was responsible for the fence.If the house that is on the other side was council property there would be no problem,but it's private.Today at 9.00am sharp I received a phone call from the council and was told that "if you stand at the front of the house facing it,then the fence on the left is the resposibility of your neighbour". Fine, that fits in with the rule of thumb theory,but then why would the contractor say that as the council had repaired so many fences recently thay had decided to consult their plans so that that they ascertain which house was responsible for the repairs.It does seem a little strange that it all comes down to..left hand yours,right hand theirs..right hand yours,left hand theirs.

[raydetinu]

unless its in the deeds, it is best to assume the fence is a party fence, with both owners jointly responsable for it.

The rule of thumb has no basis in law and only works if the owners are happy to abide by it.

[nohope]

Or if it turns out to be on the land of your house then it would be the councils problem.

 

The fence to my left in the garden is actually my neighbours as he said it was him that put it up just on his side of the boundary, which was quite funny wen 2 panels got blown down and wrecked in a storm.

[conchy_joe]

Thank you everyone for your help,I phoned the Homes and Directorate office and they agreed that the "rule of thumb" idea is not the solution.He is going to find the plans and send me the details.

[citizenB]

Thank you everyone for your help,I phoned the Homes and Directorate office and they agreed that the "rule of thumb" idea is not the solution.He is going to find the plans and send me the details.

 

 

 

Good fences makes good neighbours !!

 

More arguments arise out of boundary disputes and parking spots !! Please do let us know, what the outcome is.

[labrat]

check the land map ours is marked with a little tiny L shaped thing on the fence which is our boundry

 

we replaced it recently, only to have more complaints about the new one than the old

 

the rear neighbours wouldnt beleave it was there boundry so we left it 3 years fallen down till they sorted it