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Old 14-09-21, 03:54 PM   #1
DJ123
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Default Who Owns the Fence

In the below picture, who owns/is responsible for maintaining the fence boundary between the private land the Council land?


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Old 14-09-21, 04:38 PM   #2
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Default Re: Who Owns the Fence

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.
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Old 14-09-21, 04:55 PM   #3
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Default Re: Who Owns the Fence

I believe it was originally installed by the housing developer.

There is a (main) road situated to the left, where that dashed line is.
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Old 14-09-21, 05:20 PM   #4
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Default Re: Who Owns the Fence

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)
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Old 14-09-21, 05:29 PM   #5
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Default Re: Who Owns the Fence

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.
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Old 14-09-21, 05:33 PM   #6
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Default Re: Who Owns the Fence

Quote:
Originally Posted by redtrummy View Post
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.
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Old 14-09-21, 06:42 PM   #7
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Default Re: Who Owns the Fence

Quote:
Originally Posted by Bibio View Post
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.

Quote:
Originally Posted by Bibio View Post
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.
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Old 14-09-21, 06:44 PM   #8
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Default Re: Who Owns the Fence

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!
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Old 14-09-21, 07:18 PM   #9
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Default Re: Who Owns the Fence

Quote:
Originally Posted by Sir Trev View Post
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.
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Old 14-09-21, 07:19 PM   #10
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Default Re: Who Owns the Fence

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Originally Posted by gadget View Post
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?!
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