UKC

Had a note pushed through the letter box today. It was from the neighbour who is having a fence repaired at the rear of his property. The note was to say that he asked the contractor for a quote to repair the fence between our respective properties. He then goes on to say that he believes that the said fence is OURS so he is asking us to pay.

Now, I've checked the plans attached to our deeds and there is no definitive indication as to whose fence it is. I've seen several suggestions(and it's something I've always believed) that where there is no indication on the plans then the ownership of the fence lies with the person on whose side of the fence the support posts are situated. In this case they are definitely on his side.

I think he's being a bit devious and cheeky. I'm going to put it to him that I dispute his claim about the fence ownership but for the purposes of goodwill I'm prepared to go halves.

Calling on the collective wisdom of UKC, what would others do in this situation?

PS We've always been on speaking terms and I'm a bit miffed that he felt unable to discuss this face to face.

In reply to FesteringSore:

Go halves.

There are all sorts of silly rules and theories on ways to define ownership but 50:50 always seems fair to me.

In reply to timjones:



Yep, thanks. I don't think that's unreasonable.

In reply to FesteringSore:

I think the issue isn't so much who owns the fence rather who (if anyone) has an obligation to maintain it. The only definitive way to check is the deeds - if there is no reference to it in the deeds (normally a T symbol on the map) there's probably no obligation to maintain it. House builders tend to erect the fences so that the screws etc are on the side of the person who maintains it but don't always do so.

If you are happy without any fence you can just leave it. If you want a fence you are free to erect your own (on your property) without consulting him, and he can do the same. The sensible approach would be to go halves.

In reply to FesteringSore:

rules of fences are really simple. It is NOT your responsibility to secure someonelses boundary/property even if you are the owner of the fence. In other words if you own the fence and it falls down then you are not obliged to replace it. The above applies purely to domestic properties and there are subtle differences regarding commercial/agricultural property boundaries when safety issues have to be considered. Politely tell your neighbour you can't afford to replace the fence and see if he is willing to negotiate a compromise if it is offending him so much. He may huff and puff and threaten all sorts of legal nasties but the reality is he wont win.

In reply to robhorton:

As I said, I've already checked the deeds and plans. I even got, from the Land Registry, a copy of his title plan. As I said, there's no definitive indication of ownership so I'm wondering why he has assumed the fence is ours. I also think he has been devious in that if he believed the fence to be our he should have discussed the matter with us BEFORE getting a quote for the repair.

Obviously the last thing I want is to fall out with him; that's why I'm prepared to go halves. I feel a bit put out that he didn't have the courtesy(or courage) to discuss it face to face)

In reply to FesteringSore:

>I also think he has been devious in that if he believed the fence to be our he should have discussed the matter with us BEFORE getting a quote for the repair.

Well, the first thing you need to do is lose THAT thought. That's how boundary disputes start.

jcm

In reply to johncoxmysteriously:




I'm NOT bringing that into it when I discuss it with him.

In reply to FesteringSore:


There surely isn't anything wrong with getting a quote? Now getting the work done and then billing you retrospectively firmly puts the ball in his court because if you refuse to pay, what is he going to do about it? Sue you?

In reply to FesteringSore:


That seems the most sensible solution,and you are being very reasonable, as has been said ownership is irrelevant because unless there is a specific covenant to maintain in the deeds the fence owner doesn't have to maintain it.

It's in both your interests to have a decent looking fence between you. If he won't accept that, then do nothing, the chances are that he will do it anyway because he's concerned enough to have got a quote

In reply to FesteringSore:

isnt their an assumption from many that they own the left hand fence as they look out their home, or some such thing? maybe he's assumed therefore it must be you? sorry cant remember if its left or right side and maybe its an urban myth. but I've heard this said a few times and in reality of course the deeds tell the truth but maybe hes assumign the urban myth to be the truth?

In reply to ti_pin_man:


I have looked at various web sites and, yes, there is a general ASSUMPTION that ownership depends on the position of the fence relative to the properties(ie left or right) but it is no more of a certainty than the one I mentioned in the OP regarding the siting of the support posts.

In reply to FesteringSore: If you are going to pay half, at least get your own quote, perhaps cheaper. The post thing doesn't hold true. The owner of a large new house next door has just erected a two metre high fence with the posts on our side. The legal boundary is marked by foot high concrete posts and a wire.

In reply to FesteringSore:

Maybe you could SIT on the existing fence and discuss it with him?

In reply to FesteringSore:


LOL as to general assumptions when it comes to property disputes! If both were true I would own/ be responsible for three boundary fences in full which is certainly not the case. All three of mine are most definitely 50:50.
If it were me I would go and speak to him see what is what with him.