28 Mar 2019

A question about : Fences and storm

I have the family home after our divorce, but it is big garden and a lot of fences. I have 5 neighbors regarding fences, plus a lot of my own. There is a particular fence down the side of my house, which I never see unless I have cause to go down there.

This fence was erected when the houses were built 30years ago. Half of 2 neighbours fences blew down in the wind. These neighbours came together last week to discuss a plan to get them fixed.

I believed that this fence was mine, but do not have the deeds, as the 'bad' side of the fence, not the pretty side is my side. They were just about paying half and half.

My ex came round and approximated theat the wood for the fence would come to about 200 quid, and, as my son is a builder, plumber he has offered to do my labour for nothing(. Problem is, these 2 guys got together, and, even though only half of their individual fences have blown down, both are now wanting whole fences for cosmetic reasons.

I am not sure hthis is my fence, and do not think either of them think that anyway. It is very important I get this right as am on a limited budget.

If I agree only to replace the fence down, bearing in mind they are paying half each of 2 halves, so I am effectively paying half of it all, if they insist for cosmetic purposes, not cos of damage where do I stand, and where do I stand anyway, should I ring the solicitor who did the conveyancing tomorrow?

Best answers:

  • Not really sure why I have had no help on this, have I explained badly and not asked the right question?
  • As you may know, you can't go by what side of the fence is pointing at you. I own the fences at the bottom of my garden but they face the wrong way. That is just how the builders put them up.
    A simple answer as to ownership may be to ask your neighbours to show you their copy deeds. It would be strange all three of you have mislaid the paperwork.
    Failing that, get a copy from the land registry, or your mortgage provider, or whoever holds the original deeds. It may cost a few pounds but could save you loads more in the long run.
  • We have some general guidance aorund boundaries and fences online here which may be of interest.
    uknick has covered it as well but if each property wa sbuilt by the same developer there is some chance that they may have offered some indication as to who is responsible for which boundary/fence etc
    There are though no hard and fast rules and if you all agree to go halves or one says 'I'll do it all' then that can also happen but it may not be binding in the future so always checks, discuss and then agree.
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