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boundary partition advice

logic_187

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#1
Right ive been doing some diggin round but i cant find a conclusive answer.

in my garden i have one side of the fence (right hand side) that belongs to me and apparenlty all of the back bit. Now the back fence has posts where another parties fence (blue line) join onto a fence post which i'm assuming is mine (in the diagram its posts 1 and 2).

my neighbour on the left (red line) has his own post so doesnt join onto post 1.

firstly i'd like to know whose responsibility is it for the upkeeping of those post.

My problem is the person at the back is a right cock and kicked up a fuss to fix post 1 as it was affecting his fence. surely he should be paying for some of the cost for repair, as we are sharing the post? Am i right to change the posts so only my fence is attached to it?

Also i've been thinking about doing away with the back fence and building a big brick shed up to the back partition boundary, but i'm not sure if i have to provide posts 1 and 2 to the fool at the back...regardless i think he's going to kick up a fuss anyway.

the problem with this is its a grey area. there must be some legal standing point?
 

benny59

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#3
Right ive been doing some diggin round but i cant find a conclusive answer.

in my garden i have one side of the fence (right hand side) that belongs to me and apparenlty all of the back bit. Now the back fence has posts where another parties fence (blue line) join onto a fence post which i'm assuming is mine (in the diagram its posts 1 and 2).

my neighbour on the left (red line) has his own post so doesnt join onto post 1.

firstly i'd like to know whose responsibility is it for the upkeeping of those post.

My problem is the person at the back is a right cock and kicked up a fuss to fix post 1 as it was affecting his fence. surely he should be paying for some of the cost for repair, as we are sharing the post? Am i right to change the posts so only my fence is attached to it?

Also i've been thinking about doing away with the back fence and building a big brick shed up to the back partition boundary, but i'm not sure if i have to provide posts 1 and 2 to the fool at the back...regardless i think he's going to kick up a fuss anyway.

the problem with this is its a grey area. there must be some legal standing point?


seems a strange setup fence wise m8, {normaly a partion fence upkeep is shared by both parties if its the divideing line between both properties}

its a similer setup for linked sewage drain at the back of terrace houses {if someone in the row has a collapsed drain "then normaly all the houses have to chip in to get it repaired


if fence post 1 is on your property {then its your fencepost}

if the post is on your land " tell the old tw*t to piss off and get his own post
 

Dingodog

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#4
Go to the Land Registry, they will send you your boundaries on a drawing (for a small fee).
 

logic_187

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#5
sorry couldnt reply yesterday was busy at work.
@dingdong my deeds dont really have anything conclusive nor do the land registry as this was done when i bougt the house.

@benny well from looking at how the fence is facing, ie the nice side to the neighbour i'm assuming its my responsibility. with regards to the fence posts i dont really now what is on "my land" or not, ive got nothing to refer to.

i think i might have to fork out for a surveyor.
 
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#6
Dont pay for a surveyor, he wont be able to help, Land Registry use what they call the "General Boundaries Rule" ie they wont commit to an exact boundary but show what the correct boundary on a plan. The ownership of a fence doesnt concern them unless specifically identified in the deeds
Also dont get confused as most people do, a fence is not the legal boundary but just a physical feature that may sit on the legal boundary. If your deed plan has measurements from a specific point then you can measure that, otherwise dont bother as the scale of deed plans is too small to measure accurately from them unless you are talking metres (youre not) Also which side of the fence is the nice side is irrelevant, usually you can assume fences are shared, unless built inside ones own boundary or built on the boundary with permission from the neighbour and future owners still wont know who owns the fence. Going on a bit here but hope this helps you and any others.
 
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#7
Sorry didnt really answer your question - you dont have to provide posts for anyone, you could always put a post next to post 1 and fix your fence to that and leave him to lokk after his own, its usually best to agree with neighbours, never get solicitors etc involved, it will cost all concerned a lot
 

logic_187

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#8
@goldenvision thanks. thats what i was thinking about anyway, putting my own post next to post 1 then at least it should be on my land and directly accessible to me. Personally I cant see how post 1 is on my boundary. Its either the peson on the left or the back.

To be honest i dont mind sharring the cost of fixing post 1 as it is supporting both fences, but because the neighbour at the back is being a right knob, best to take him out of the equation. well time to speak to the fool and see what happens
 

benny59

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#9
sorry couldnt reply yesterday was busy at work.
@dingdong my deeds dont really have anything conclusive nor do the land registry as this was done when i bougt the house.

@benny well from looking at how the fence is facing, ie the nice side to the neighbour i'm assuming its my responsibility. with regards to the fence posts i dont really now what is on "my land" or not, ive got nothing to refer to.

i think i might have to fork out for a surveyor.
how can the back fence be your respsibility m8, if the nice side is faceing your neighbour then surely its his fence ?

i know if i was erecting a fence, the nice side would be faceing my side {as i would think with most people}

just because the posts are facing your garden does,nt mean to say your responsible-------------it seems to me this fence and the posts were erected by your neighbour, or someone who lived there before him
 
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logic_187

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#10
@benny ive checked everywhere and the general consensus is that the nice side is suupposed to face your neighbour.

Also after reading the paper work from when i bought the home, the previous owner who lived there since the 50's (decades before the left and back neighbour moved in) has said the fence on the back and right he repaired when needed, as a result the nice side faces the neighbours. There is also something in the deeds regarding the back fence.

Its a really tricky situation and i really dont know why the ownership of boundry partitions arent officely recorded and enforced then the
situation would be a whole lot easier........ endless amount of money is wasted on solicitors fees and alike on matters such as this but with a less than satisfactory outcome.

in the end i have proped the post up with a strip of metal dug into the ground for the meantime. the thing is i dont mind fixing it but beacause he's also using it and being unreasonable i just want to stop the whole situation arising and may just put my own post next to post 1....hopefuly he will buy int it

think i'll approach the neighbour at a later date.
 
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pipsqueaker

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#11
The local council will tell which boundary is yours.

In any case you're only responsible for the boundary, you don't even have to have a fence if you don't want one.