Please finally clear up the 'who owns the fence' question

[xpeterpx]

Hi all

I'm getting some really conflicting advice on who owns the fence between our two houses.. Basically we paid for and fitted a new fence between our two houses in exaclty the same place as the old one.
Ideally we should have check with the title plan first if this was our fence to change. I took it for granted that as you step out into the gardern the fence on the right was ours
Anyway, no issue but I really would like to get something formal that will confirm ownership. A quick look on the plans and there is no 'T' to establish this.
I have even read that as I bought the fence and paid myself to have it erected it automatically makes it mine

Secondly, annoyingly my neighbour has painted his side of the fence without permission and much has seeped through the gaps on our side making it look unsighlty - Is there anything I can do about this?

Apologies these are age old questions but I appreciate any advice offered

Thank you

[echat11]

I can't answer directly, but other members probably will, here's some info:

http://www.boundary-problems.co.uk/b...ms/fences.html

[des8]

If you erected the fence you own it irrespective of who was responsible for maintaining the fence (if anyone) on that particular boundary

Sometimes the land registry files will state something like "the boundary hedge on the west side of the said premises and divided the same from the adjoining heriditaments so called xxxx as aforesaid being hereby declared to belong to the owner of xxxx"
or possibly just state that fence on south side is responsibility of owners of xxxx

Your only problem is if you demolished the existing fence and it actually belonged to your neighbours.
The fence you erected is still your fence though.

Altho' one may be responsible for the fence on a particular boundary, unless you are required to also maintain it, you can if fact remove it.

[xpeterpx]

Thank you. Realistically speaking what are the chances of securing a win on the fact he has painted his side of the fence without permission?

[des8]

Win? are you contemplating an action for trespass?

[xpeterpx]

Thank you. Realistically speaking what are the chances of securing a win on the fact he has painted his side of the fence without permission?

Not really, the fact he has painted his side of the fence without my permission and it has bled through making my side unsightly.
I understand this constitutes criminal damage

[Ukmicky]

There is no straight forward answer sorry .Even T marks marks on a plan dont give a definitive answer as they only relate to a period of time that may no longer be relevant as they don’t prevent your neighbour from erecting their own a fence on their land.


The basic answer that often wins is, it comes down to whose land it is it on . But that is not always a easy one to answer due to the general boundaries rule making it almost impossible to prove where the invisible line that divides you and your neighbours property is.

Some would say a fence is a fixture and is therefore owed by the person who land it is fixed to . So the neighbour could argue the original was theirs and the new one is in the same location so is theirs also.

Some would say even if it was on your neighbours land it’s yours as you bought it .


Your neighbour could say the original was a shared fence sitting astride the boundary and the new one which you replaced without consulting them is also sitting astride the boundary and therefore all you have done is donate a 50 percent share of a new fence to them.

Your neighbour could say the original fence was theirs and on their land and all you did was donate the new one to them and if you argue against it then you have stolen their old fence or caused criminal damage it when you removed it.

Basically fences often cause disputes as it’s it often not straightforward when it come to who owns it or whose land it is on .

So sometimes the answer can be let sleeping dogs lie

[echat11]

Not really, the fact he has painted his side of the fence without my permission and it has bled through making my side unsightly.
I understand this constitutes criminal damage

If you could sort this out amicably that would be good for you and your neighbour. These sorts of things can escalate and get out of hand. You say 'the fact he has painted his side of the fence without my permission and it has bled through making my side unsightly', is it something a tin of paint could sort out? Maybe point that out polity and you'd appreciate if it could be done before winter kicks in.