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Fence ownership?


Old Mill Tree Care
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I'm sure this has been asked before and I've even asked two of my friends (legal professionals) and got two different answers.

 

In a residential environment, who owns which fence?

ie: With your back to the house looking into the back garden?

Also, looking into the front garden?

 

I've Googled for the answer and on a fencing expert forum, members kept repeating that it is who ever can see the arris rails is the owner as the posts denote the boundary. To me, this would apply to Featheredge but could not apply to Lap Panel.

 

Any words of wisdom appreciated.

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It belongs to whoever owns the land it is on, this idea that you can tell by looking at the fence is nonsense.

 

Some deeds will have "T" marks denoting responsibility for a boundary however "T" marks don't convey any responsibility to maintain a structure.

 

Some deeds do contain covenants to enforce the construction and maintenance of boundary features but they are the exception rather than the rule and can be difficult to enforce.

 

In a nutshell the fence belongs to whoever built it (or the person that bought the property from them) as long as they built it on their own land, if they didn't they have gifted it to the person that owns the land.

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It will be on the title deeds of the property as this will usually confirm ownership. It will be denoted by an inward facing 'T' shape. My conveyancing expert wifes words not mine a might add.

 

It may be in the deeds but many are "silent"

 

"T" marks don't denote responsibility to maintain a boundary structure and it may not even be on the land that the "T" marks refer to.

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This left and right is all poppycock

Also poppycock is arris rail , drive the nails home etc.

The fence is yours if it is on your land. Look on the deeds to help.

You can now get featheredge panels on slotted posts. The person whose land it is 'entirely' on decides.

Mind you, if I had a boundary fence I would like the arris rails on the inside to help prevent people climbing over.

As do most blokes.

Women on the other hand like to see the pretty featheredge.

It's a sex thing.:biggrin:

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This left and right is all poppycock

Also poppycock is arris rail , drive the nails home etc.

The fence is yours if it is on your land. Look on the deeds to help.

You can now get featheredge panels on slotted posts. The person whose land it is 'entirely' on decides.

Mind you, if I had a boundary fence I would like the arris rails on the inside to help prevent people climbing over.

As do most blokes.

Women on the other hand like to see the pretty featheredge.

It's a sex thing.:biggrin:

 

This is correct now, however it used to be a loosely enforced thing that you gave your neighbours the finished side to maintain the rails etc... I have been caught in boundary issues between neighbours before. Now I just tell them to check their deeds or come to an agreement with their neighbour. Some people can get all righteous about it so I tell them to grow up its only a fence.

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