Garden fence ownership

[youngone]

Hi,

Does anybody know if there is a standard side of the fence you automatically own in a garden in southwark? Trying to work out which side is ours and our deeds are a bit sketchy?

Thanks

[Freddy1929]

Usually the left hand side from the house, but it does vary I believe!

[BigED]

Hmm - I thought it was the right hand side as you look out from the house into the garden. I do know that there is a default side. But that isn't a lot of use. Any property conveyancers or similar who can give a best-of-three tie-breaking answer?

[nunhead_man]

Ms Google is your friend - on the first page seaching for "garden fence onwership"

http://forums.moneysavingexpert.com/showthread.php?t=510439

As they say, read the deeds!

[intexasatthe moment]

http://www.landregistry.gov.uk/public/faqs/how-do-i-find-out-who-owns-andor-has-the-responsibility-for-the-boundary-fencewallhedge-of-a-property

http://www.landregistry.gov.uk/public/faqs/how-can-i-get-a-copy-of-a-title-register-andor-title-plan

[*Bob*]

There is no 'default' side, no mysterious ancient law governing who is entitled to the 'good side' - and lots of deeds where no boundaries are marked at all!

[intexasatthe moment]

yup ,that's what reading the links in the two previous posts explains .

[youngone]

Thanks for the replies. As our deeds are not clear, we have spoken to neighbours on both sides to check.

[UncleBen]

Left (as you face garden, house behind you)

[dbboy]

Always thought ownership was yours if the triangular horizontals were on YOUR side of the fence.

[*Bob*]

Yep, it's definitely the one on the left as you look at the garden. Unless of course it's the one on the right - which it sometimes is.

I before E, except after C - except for all the words that don't obey the rule etc etc..

Sorted.

[the-e-dealer]

Are we talking back, side or front garden?

[KatsuQueen]

I thought (like dbboy) that if the posts were in your garden, that was your fence.

edited for v bad typing

[computedshorty]

Take this experience:

An estate was to be built, the roads were laid out, but the selling of plots did take a long time.

A corner plot was developed, the owner was told to enclose his plot, so he had to build fences to the right, to the left and to the bottom of his garden.

These had the boundary ? T ? markings on his side so he owned all three fences, he had financed the fences, so there was no doubt that he owned them.

As time went by the plot to his left was built on, they only had to build a fence to the left, so the left fence was classed as theirs.

The ? T ? markings showed when this was recorded at Registry.

The next plot did not get developed, but the one did two doors down, they built on it, again all fences were theirs, so the ? T ? were recorded as theirs.

Development spasmodically, the plot that was left vacant now had a building on it ,

But no fences needed to be built as they were already in place, so they owned none.

No ? T ? marking showed in their plot to be theirs, so they did not have to maintain any fence.

I would think that as each plot is developed at different times causes a lot of misunderstanding to the purchaser, you will find that Estate Agents and Vendors, will only state approximate measurements of a plot and quite often miss guide a prospective purchaser that such and such fence belong to this plot, as no such marking were in existence in former times when the plot was recorded.

Each plot must be recognised as it is shown on the original Registry Document, if you want to spend money on getting a decision it will cost you money, is it worth your while to find an ownership of a fence?

[*Bob*]

Well put Shorty.

If you think about it, there are no logical or practical reasons for a house to own any boundary in particular as a matter of course. And various reasons why posts and rails might be one one side or the other.

Commonly held belief is simply a load of old cock.

Best bet is to go with the flow of fencing which has been established.

And there's nothing to stop you fencing all sides of your own garden yourself if you want to!

[computedshorty]

Document pertaining to the boundaries of plot of land purchased

Reading the conditions of the Freehold Deeds, section number eight gave me thoughts that I am bound to maintain the dividing fence to my left, and I must renew the dilapidated and corroded metal fence adjoining my neighbour?s and my plot.

To my right was the remains of an ancient fence that was barely visible, and would not stop my animals straying into his garden.

Having a conversation with my neighbour, about his fence I asked would he be prepared to contribute toward a new fence, as I was prepared to build it, if he could not find the finance then I would pay for it myself.

He stated that he was an old age pensioner and only had a small income, the light construction Bungalow he lived in the maintenance used up most of that.

I purchased the fencing for one hundred and twenty foot long.

Twenty four foot high by four inches square concrete posts allowing six inches set in concrete. 19 six foot by 1 1/4 concrete gravel boards. and had 19 wooden Lapped panels made six foot long and three foot high to fit between,

and ordered the ballast and cement to hold up the posts.

Looking at the old metal Strainer Fence of three foot high, it was made up of metal posts concreted into the ground, between each post there were wires stretched through holes in the posts with a tensioned device to pull the slack wire up, there was the remains of a chain link wire mesh fixed to it.

I came to the conclusion that it was going to be difficult for me to dig up the metal posts out, with a knob of concrete on the bottom as they would be in the way of the new concrete fence posts.

There was a lot of garden bushes now growing through the missing fence from next door, to remove these bushes and the fence would take me a considerable time.

I told the owner that it would be easier to leave his fence in situ and move back into my plot a six inches, and build a new fence, saying that as this was to be on my plot completely I would take over the maintenance of the new fence, as I had bought the fence and it was completely in my garden, I realised that by just the six inches now not in my garden multiplied by the length of one hundred and twenty foot, I had relinquished the right to approximately sixty square foot of ground.

We agreed, I built the fence creosoted the wooden panels, leaving his old metal Fence to do what he liked with, to be removed at a later date if he wished to.

The owners only remark was ? I thought that you were going to build it six foot high ?.

I said that unfortunately my own finances would only pay for the fence to be three foot six high, as you can see the old fence still there is six inches lower.

Eventually the Metal fence was removed or parts of it bent over and buried, some of these must still be in the ground, by a younger man who visited.

I have retained the Receipts for the purchase of the fencing in my name.

Unfortunately the owner has now died and can not collaborate my statements.

The new owners contest that the fence is mine on my land, the approx measurements were sold to them as 32 feet wide I asked them to measure their plot it is now 32ft 6 ins, my own was 53 ft wide and is now 52ft 6 ins wide.

I am too old to pursue this now.

They have removed four, three ft high panels and put in six ft high ones in their place and are using it as the back of a shed that he built the roof slopes in my direction is overhanging, I asked him to remove the overhang and the gutter is in now over my garden, he has done this but still claims that the fence is his because the Deeds say that the fence to his left is his, I told him that his fence that was there had been removed after mine had been built on my land.