Fencing Dispute With Neighbour

[Baz1994]

Neighbour who has garden at end of mine (fence to right as they look down their garden but crosses various gardens as I look down from my house) is requesting that I repair a damaged fence as her dog keeps coming into my garden.

 

Am I responsible to repair it (my part of fence)? 

 

I have looked at various websites but not very clear.

 

Neighbour said they erected and put up a fence to their left as they look down their garden but stressed that I was accountable for part of fence to the right.

 

Thank-you for looking at would appreciate any guidance for confirmation.

 

 

[unclebulgaria67]

You may be able to obtain some information from land registry.   I have a copy of mine, which my Solicitors obtained years ago, when they did the conveyancing and wanted to check.  This website link should help you.

 

https://www.gov.uk/your-property-boundaries

[Manxman in exile]

Who owns the fence in question?  You need to check your deeds or with the land registry.  (ie is the fence on your land or your neighbours?)

 

People often mistakenly believe there is some general rule along the lines of "you're responsible for the fence to the right (or left)", but there is no such rule (or law).

 

If it's your fence, are you bothered if her dog gets into your garden?

[Baz1994]

Many thanks for your reply.

 

Ok I will have a look. What is it I actually need to obtain details if any?

 

Considering what is going on at moment, she was rather rude with her comments.  

Edited April 5, 2020 by Baz1994

[Manxman in exile]

You need to know the boundary of your property and where the fence is in relation to that property. 

 

 

[Baz1994]

6 minutes ago, Manxman in exile said:

Who owns the fence in question?  You need to check your deeds or with the land registry.  (ie is the fence on your land or your neighbours?)

 

People often mistakenly believe there is some general rule along the lines of "you're responsible for the fence to the right (or left)", but there is no such rule (or law).

 

If it's your fence, are you bothered if her dog gets into your garden?

Cheers again Manxman.

 

That's the question, I am not sure. Their boundary to right of property is made up with various other peoples fences. Previous to them moving in the garden was neglected and overgrown.   

 

They stated that the part of my boundary at bottom of my garden was my responsibility to fix. 

 

And no I'm not as it is only on a few ocassions but she used that as an excuse for me to fix asap.

[Baz1994]

4 minutes ago, Manxman in exile said:

You need to know the boundary of your property and where the fence is in relation to that property. 

 

 

Ok thanks.

 

Is that straightforward? What do I need to attempt to clarify it. Copy of Deeds?

[Manxman in exile]

Or Land Registry or look at link from Uncle Bulgaria.

 

Likely there is no definitive answer when you look at the title map.  Then it's a question of talking with the neighbour and deciding what to do.  Nothing to stop you sharing the cost unless your neighbour digs their heels in.  Is it worth falling out over?

[BankFodder]

Of course, checking with the land registry will give you the best answer as to who owns the fence and therefore whose responsibility it is. However, there may be a strong hint in the way that the fence is positioned – assuming that it is the kind of fence which has its structural elements on one side – as per the picture:

 

 

 

 

The rule of thumb is that the fence is erected with the structural elements on the side of the person who owns it.

You can very often see a row of gardens and every garden has the left-hand fence – or the right-hand fence with the structural elements facing into the garden on one side and the flush surface on the other side.

So typically everyone in the street might own the left-hand fence – or everyone in the street might own the right-hand fence. The same holds true for the fence at the bottom of the garden.

Of course if you have a fence which has central structural elements then this is of no help

 

But in any event, you need to check the filed plan to be doubly sure.

If the fence is yours – then the upkeep of it is your responsibility and you should probably get it sorted out quickly in order to avoid further trouble and egg on your face.

If the fence belongs to your neighbour then you should probably show them the plan – the evidence – and ask them to sort it out as soon as possible – given the limitations imposed by the present crisis.

 

[BankFodder]

Just to add, that even if you aren't bothered by the dog entry in your garden, if the fence is in disrepair then you have a duty to repair it if it's yours.

[Baz1994]

Thank-you so much for all your comments.

 

As far as I am concerned it is not a priority at the moment due to obvious circumstances, but I will still make enquiries with the LR.

 

The one thing I did notice, they had a rather large apple tree over hanging our garden / fence. They then removed it but it was a coicidence that the fence (and my neighbours) was damaged thereafter. Therefore eventually got worse beyond repair after recent winds.

 

If its my responsibility or to avoid any further dispute I may just repair / replace myself.

 

I will keep Forum posted of outcome.

 

Stay safe.

 

 

 

 

[AndyOrch]

More open to the elements once the tree was removed

[Baz1994]

Yes Andyorch that is right. It was a rather large tree in which had also damaged my shed roof with over hanging branches until they cut it down.

 

 

[ericsbrother]

The deeds may tell you whoe is what but looking at the construction of the fence will also give you a clue as explained but if the fence is a rear boundary it presumably fits to a perticular garden boundary even if  your boundary is part of that.

Some neighbours are better at sorting things out than others and will cause a fuss even when it is they who are actually causing a nusance-eg their dog getting out. they have a duty to keep their dog on their property despite the breach in the fence not necessarily being of their doing. If you ran over your next door neighbour you cant claim he wasnt looking where he was going if you were on his drive at the time.

So what to do? for a quiet life I would suggest you relace the fence yourself and that way you get to choose the style and what side you look at. A cheap alternatibe is chain link fencing and then some nice hedging plants

[Baz1994]

Cheers Ericsbrother.

 

Yeah I have decided to replace fence, cheapest as possible. Only a couple of panels and already have spare posts and fittings.

 

Just ordered on-line arriving easter weekend.

 

Got enough time on my hands at the moment being out of work. 

 

Can't really be asked with any unecessary issues at moment.

 

Thanks again for all of your comments.

 

Stay safe.