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Fence Ownership

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  • Fence Ownership

    Hi everyone, Hope your all ok and dealing with the lockdown in the best way you all can.

    My problem is regarding the fence in my back garden that is between me and my neighbours. Its not a high fence (6ftx6ft) but recently it seems to have caused an issue from my neighbours point of view and I need some solid advice. Around 2013 the fence badly needed replacing. My neighbour at the time was a lovely elderly lady, and unfortunately she didn't have the funds to pay half of the cost to replace it. So my late husband and I said we had no problems at all paying the complete cost, as long as she understood that if we pay to replace it, the fence then becomes our property. She was quite happy with this and so where we. Then around 2016 she moved out to live with her daughter. A young couple moved in and everything was fine. They have never really spoke much to me, which I don't mind, I just keep myself to myself, like they do, and get on with things. Occasionally I would see him walking and we would acknowledge each other, but she would not. Anyway, with the weather being so nice I needed a few things painting in my back garden I got in touch with my painter/decorator and he came out on Thurs 23rd April. He was painting my summer house (that my late husband built) my decking and my fence panels. This time though instead of the normal reddish colour of fence panel paint, I decided to go for a greyish colour. Half way through the panels being done, he (sorry I dont know his name) came out, leaned over the fence and said "so what colour are we going". At first I wondered to myself, what does he mean by we, then I just said "oh its a kind of light grey colour", he looked at it and said "oh right I see" then he said "why have you replaced the tops". Now, prior to my painter coming, the cappings on the top of the fence panels where quite bad and needed replacing, so I went ahead, bought new ones and replaced them. I looked at him and said "well the others were quite badly rotten and needed doing" he looked at me and said "really, where they that bad", to which my painter said "yeah mate they were, they were falling off". Then the neighbour said "I supposed im gonna have to paint all mine that colour now aren't i"* i just said to him "not really, you dont have to, you can paint your side whatever colour you want" to which he replied with "yeah but its gonna look a bit odd now isn't it, if I dont" then he went inside.
    Now, dont get me wrong but what the hell has it got to do with him what colour I paint my side of the fence? Ive asked a few people about this, and they've all said the same thing which is, because me & my late husband paid the full cost to replace the fence, that fence is now officially my property, its no longer joint ownership. So id be very grateful if anyone could tell me if this is true or not. I have the deeds and it shows the fence as a boundary fence, but it doesn't actually state who owns it.
    Thanks
    Tags: None

  • #2
    Your fence.
    Even if the respective deeds stated he had the responsibility for fencing the boundary, that particular fence would belong to you.
    Technically he should obtain your permission to paint his side of it!

    Comment


    • #3
      Originally posted by des8 View Post
      Your fence.
      Even if the respective deeds stated he had the responsibility for fencing the boundary, that particular fence would belong to you.
      Technically he should obtain your permission to paint his side of it!
      Thank you. So what I have been told is correct then?

      Comment


      • #4
        If you were told you own the fence, that is correct

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        • #5
          Originally posted by des8 View Post
          If you were told you own the fence, that is correct
          Well I haven't been told by anyone official, its just want family & friends have told me when ive spoke to them about it. They said once someone has paid full cost for something to be replaced, it then becomes that persons property. So because I wasn't sure, thats why I asked on here

          Comment


          • #6
            If you purchased it, if you paid for it, if you haven't given it away IT IS YOURS.
            Just because it is on the boundary line makes no difference.
            If it was on his side of the boundary it would still be yours (although if it was there without permission you would be trespassing!)

            Comment

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