Garden fence rights

[floriepop 10]

Good morning everyone,

 

I want some advice please, I live in a council property and the fence I inherited has come down, the next door neighbour keeps asking me when am I going to get it sorted.

 

I am the end terrace and the fence in question is on my left, the neighbour looks at the fence which is on his right, he also has 2 fence panels up of his own , then he stopped but has used the fence that came down for splitting the gardens. He has never said I will go 50/50 he just thinks that it is my responsibility.

 

Does anyone know if that it is my responsibility or not.

 

Thanks

 

Floriepop

[muckymurphy 10]

the council own and hold the deeds to your property, speak to them, they will know whose fence it is. the council should repair the fence or request your neighbour to do so if it is his responsibility. it is not generally down to you to repair the fence as you are only renting the property from the council who own it and should maintain it.

[floriepop 10]

Thanks

 

I have already enquired about the fence to the council i.e Sheffield Homes and they have said that they don't repair fences anymore.

[waddy13 10]

As I understand from previous personal experiences regards fences, your resposibility is for the boundry on the left as you look at the front of your property if you have property on both sides of you. However, if you are an end property you are responsible for the boundry on both sides.

This info was given to me 2 years ago by my solicitor.

[cjlaw 10]

we had this argument with our neighbour,because we paid for all the fencing round our garden,and he tried laying claims on it on our left hand side/his right hand side,even though the fence was built before he,d even moved into the property.when we first got written permission to take out the hedge,and install a fence,we were told that it was our responsibility to maintain it,which we have done.i was so upset at our neighbours arrogance,that I went to the council.the asbo officer came out to look,and we were told that the fence IS ours .his fence is to THE LEFT of his property.i believe that the fence is classed as yours,but you could check with the council.if u,v got a decent neighbour,maybe he will go halves with you.good luck whatever happens floriepop.

[WallBuilder 10]

I thought as you looked out of your house the fence to your left is your responsibility but would of thought the council could of confirmed this at the very least. The council haven't been repairing fences for some time and two friends who found themselves needing a new fence managed to split the costs with their neighbour but then they have good neighbours.

[geared 319]

As I understand from previous personal experiences regards fences, your resposibility is for the boundry on the left as you look at the front of your property if you have property on both sides of you. However, if you are an end property you are responsible for the boundry on both sides.

This info was given to me 2 years ago by my solicitor.

 

Thats not law it's just common understanding.

 

You need to see the deeds to find out if a fence 'belongs' to a property.

 

Sometimes they are in the deeds and sometimes they are not, if they are not in the deeds it's up to the residents to come to an understanding.

[willman 10]

The fence surely belongs to the person who erected it. The responsibility to maintain and replace it is therefore down to that individual.

 

If my fence falls down i am under no obligation at all to replace it if i don't want to.

[Narden Dee 10]

The fence is either yours or your neighbours responsibility depending on the deeds.

 

the housing will not repair it at the most they will take it down to make it safe if it is dangerous

[Jeffrey Shaw 90]

Real answer:

1. Between Council as owners and the neighbouring owner: the title deeds (inc. HMLR records) usually define which of them is responsible.

2. Between Council as landlords and their occupying tenant: the Letting Agreement defines which of them is responsible.