View Full Version : Who Owns the Fence
In the below picture, who owns/is responsible for maintaining the fence boundary between the private land the Council land?
https://i.ibb.co/pyKCpp8/Screenshot-2021-09-14-at-16-49-49.png (https://ibb.co/q5gbwwf)
whom ever put the fence up. simples. if you dont know who put the fence up then its usually the reasonability of the private land owner to keep people out. it might be in the deeds. if its outwith the private land boundary then its council responsibility.
I believe it was originally installed by the housing developer.
There is a (main) road situated to the left, where that dashed line is.
redtrummy
14-09-21, 05:20 PM
If it was fenced off as building land by the developer then I would suggest its the home owners fence. If the council sold the land then maybe they could have fenced it off first. However Councils usually avoid spending money if they can help it unless its a 'prestige project' (Well our Council doesn't)
SV650rules
14-09-21, 05:29 PM
Seems that the fence is delineating the boundary of your land, and I doubt the council would care if just some three foot posts with a single wire between them, so as seems to be majority opinion, it is in your interest to maintain a decent fence for your benefit. It is more a case of who benefits most from the fence than who owns it.
If it was fenced off as building land by the developer then I would suggest its the home owners fence. If the council sold the land then maybe they could have fenced it off first. However Councils usually avoid spending money if they can help it unless its a 'prestige project' (Well our Council doesn't)
That's what i think it is - mainly because the fence is made from the usual construction the council use.
Plus, on the left hand side where you see it stop another property boundary finishes there, so i would struggle to see how you would 'split' that fence if you had to get a defined boundary.
Sir Trev
14-09-21, 06:42 PM
whom ever put the fence up.
Yes and no. The BOUNDRY usually belongs to the party on one side or the other, and it is their responsibility to maintain it. A FENCE may be bought and erected by either side but must not encroach on the land on the other side and technically if the side that does not own the boundary puts something ON the boundary without permission it's trespass and the owner could take it down.
it might be in the deeds.
It will be on The Land Registry plans. In the old days your solicitor's secretary used to use coloured pencils to highlight this on the docs you would go through during your purchase (one of Lady Poppy's previous jobs!) but these days it is denoted by symbols. The side of the boundary with the colour on it owns the boundary.
DJ - the pic you included seems to have some colour on it? Do a search on the Land Registry as you may be able to judge from their records.
Might be different in Scotland Bibs.
I would say if the fence came with the property and wasn't added after it was bought it will be evident in the deeds, therefore I would assume it was be the property owners responsibility for maintenance and upkeep. If it's the usual council chicken wire and short concrete posts imo... wouldn't be a bad idea the rip it all out and replace it with something a bit more substantial/ private if funds permit. We've literally just had all our boundary fencing done and I couldn't believe just how much wood has rocketed in price!
Yes and no. The BOUNDRY usually belongs to the party on one side or the other, and it is their responsibility to maintain it. A FENCE may be bought and erected by either side but must not encroach on the land on the other side and technically if the side that does not own the boundary puts something ON the boundary without permission it's trespass and the owner could take it down.
It will be on The Land Registry plans. In the old days your solicitor's secretary used to use coloured pencils to highlight this on the docs you would go through during your purchase (one of Lady Poppy's previous jobs!) but these days it is denoted by symbols. The side of the boundary with the colour on it owns the boundary.
DJ - the pic you included seems to have some colour on it? Do a search on the Land Registry as you may be able to judge from their records.
Might be different in Scotland Bibs.
It is highlighted in red to show the boundary of the property, as it is not a dashed line this would indicate the fence perimeter is the solid boundary. But it does not detail if it is the land owners fence, or that of the council.
It does sit on the outer perimeter (if that makes sense) enclosing the space, or at least separating it from the council land.
Seeing as it surrounds a parking area for residents, i assumed that it is the councils, and used to separate the land/border off the parking.
The house it belongs to is a coach house above the entrance into it. Their small outdoor space is bricked off next to their entrance stairs. Which would make it odd if this fence surrounding the car park is theirs to maintain.
I would say if the fence came with the property and wasn't added after it was bought it will be evident in the deeds, therefore I would assume it was be the property owners responsibility for maintenance and upkeep. If it's the usual council chicken wire and short concrete posts imo... wouldn't be a bad idea the rip it all out and replace it with something a bit more substantial/ private if funds permit. We've literally just had all our boundary fencing done and I couldn't believe just how much wood has rocketed in price!
It's not detailed in the deeds. And the fence is a proper wooden panelled one with concrete post holders. A similar style the council use to boundary all public spaces from private dwellings (or so it appears).
Or its a coincidence that everyone uses the same fence builder maybe?!
If it's not detailed in your deeds I would probably visit your local council planning records office to get it verified as to who exactly is responsible for it, might be a bit of a faff but if anyone will know .. they should. Sorry I can't be more helpful/ specific, I'm no expert on these matters but have previously dealt with planning offices and in general... they can be pretty helpful. Hope you get it sorted.
i'm trying again with the council to find out. They're very much always of the 'it's private land' argument until proved otherwise. I got bored of waiting for them to respond and bought the plans on land registry, hopefully this pushes them to admitting they own the fence and will get it repaired.
We'll see what their response is, especially as the fence is split between 2 different houses which casts the question, where do you split it? And why are they responsible for fences that surround everyones property?
From what you've said so far it sounds like they don't want to commit to any liability for repair or maintenance, at some point they'll have to give you a definitive answer to the problem although that may take a while! They'll probably blame the lack of cooperation on Brexit or Covid or something equally ridiculous. Hope you get it sorted soon though.
They responded to my email this morning saying 'its not ours', check with Land Registry.
To which i told them, i have and the property plans/deeds do not mention the bordering fence. I then asked, if you are certain the fence is not yours, can you provide the boundary details you have that confirms this, so the home owner can be approached and made aware of the maintenance to be done.
Turns out they now need to check this and come back to me . . . . .:toss:
Funny how they change their tune when you call them out with the information.
Probably thought you wouldn't bother with it all If they drowned you in bulls@#t and lies!
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