Who owns a fence between each others residential gardens.?
I am in dispute with my next door neighbour over ownership of a fence blown over, can anyone clarify is it the fence to one's right if looking from the house into the garden or the fence to the left that I own, Thank you.
- Anonymous1 decade agoFavourite answer
You normally own the fence to the right, with your back to the house. If you look at your house deeds it is normally marked on these with a "T".
In our case we are responsible for the fence to the right and to the rear.
- 1 decade ago
The Left Hand Fence In Front Of Your House, And Right Hand Fence In Rear (When Looking Out Of Your House), The Other Way Is The Post If You Can See The Posts Its Yours To Look After If You Cant Then Its Your Neighbours, Hope This Helps
- Anonymous1 decade ago
All residential property must be 'plotted' prior to being sold or having a house or dwelling built. Property stakes were installed at that time. It is possible that the property stakes have been covered with dirt and are not easily located. You should also have a 'plot of survey' or survey of your property that identifies property lines.
When fences are installed the purchaser should have had it installed about 2" inside the property line.
Who installed the fence that you are having a dispute over? You, the neighbor, or was it there before either of you moved into the houses?
If it is a real hassle, contact a surveyor and they can determine the property line, however it will cost $$$$.
- 1 decade ago
The only way to be absolutely sure is to look at the deeds of your house. If you have a mortgage, the building society/bank holding them may make a small(?) charge for giving you the information.
I used to think that you owned the fence whose posts were in your garden but found out from my solicitor that this is not necessarily the case. My neighbours are responsible for a fence whose posts are in my garden, and I am responsible for the fence whose posts are NOT in my garden. The fence for which I am responsible IS on my right, as I look into the garden, but I don't know if this is a general rule.
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- Anonymous1 decade ago
Unless the property owners agree otherwise, fences on a boundary line are owned by both owners when both are using the fence.
One way you can absolutely determine who owns the fence is to run a line from the property boundary corner markers. If the fence is on your side of the line you own it.
It doesn't matter what side of the fence faces your direction or who installed the fence.Source(s): http://www.lectlaw.com/files/lat05.htm
- JoanneLv 45 years ago
There is no easy way out of this situation, at the moment the landlord is not duty bound to put up a fence if it is not already on his/her deeds. If you put the fence up your self then it is your fence but the landlord cannot force you to replace it. It could be that all he/she has on the deeds is the boundary line with no fence. This will then need you to come to some agreement between you both. If the animals from next door are making a mess on your property that is another legal problem which can be sorted out legally or amicably between yourselves, either way depending how you attack this problem depends how difficult it will/could get. You should have good neighbours like me, we all agree to paying half of all fence renovations as it is for all our benefits.
- DufferLv 61 decade ago
Usually, but not always, it is the fence to the left as you look from the house. Another guide is the fence posts. They should be visible to you if it is your fence, and invisible to your neighbour. However, you may need to consult the deeds for clarification.
- sensible_manLv 71 decade ago
Check your purchase paperwork. These normally include an abstract drawing and the location of property markers. Many areas have concrete markers at the corners of the property. Many areas require the "bad" side of the fence to face the owners property but this is not true everywhere.