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becky over the moon 10 Apr 15 2.53pm | |
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You could also try asking (if they are ok) the people at 41 whether their deeds clearly show which fence is whose responsibility...... you would only be liable for one side, so this could help in the debate with 37.
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Superfly The sun always shines in Catford 10 Apr 15 2.56pm | |
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Have you tried asking Harry Hill the best way to solve it?
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DanH SW2 10 Apr 15 2.59pm | |
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Quote EagleEyedAlbert at 10 Apr 2015 12.10pm
Good afternoon esteemed & wise members of the HOL. I come in peace, seeking advice & I know Somebody on here will be able to help. Here's the story: -Last year, we bought a semi detached house from a family who owned BOTH our house, and the attached house next door. They were selling both simultaneously. -Because they were one family living in both houses, they didn't have a fence dividing their gardens- it was one big space. -Before we moved in, we insisted they install a fence. Unfortunately (and we were a bit stupid to not stipulate this) they put up the most basic "fence" you could imagine. Basically some 4ft wooden posts with some chicken wire running along them. No height, no privacy. It's piss poor and it might as well not be there. -We are the right hand side house and the garden "fence" is to our left. -Our adjoining neighbor has made polite/tentative inquiries about the fence situation, in a tone which suggests he thinks the fence is our responsibility. -"What about the deeds? Look at the deeds" I hear you cry. Well, attached is an image from all the official documentation/title plans that we got when we purchased the house. -Some people say the rule of thumb is that it's the fence to your left, but others say the opposite. Again, I'm happy to claim responsibility if it is mine, but I'm not going off a general rule of thumb. -His house is the last house in the run before a block of flats so I'm assuming the fence to his left belongs to him. But that doesn't necessarily mean that the right one isn't his, because whichever way you play it, somebody at either end of the run will end up having two fences that are their responsibility. Sooooo, does anybody know how I can find out through official means as to whose is whose? I've paid for a second copy of our title plan in case there was something missing from our hard copy. But it's just the same OS map with a red line around it. See attached, and thanks in advance for any help. Yours, always.
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legaleagle 10 Apr 15 4.09pm | |
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Quote becky at 10 Apr 2015 2.53pm
You could also try asking (if they are ok) the people at 41 whether their deeds clearly show which fence is whose responsibility...... you would only be liable for one side, so this could help in the debate with 37.
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legaleagle 10 Apr 15 4.18pm | |
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That's just a copy of the "plan" you've attached to the original post .You need to get a copy" of the register" for the property,from the Land Registry (see link below).This is the document showing ownership of the property,any mortgages and any covenants.The responsibility for a fence would usually be a covenant. There's no general law about who is responsible if there is no documentation about who is responsible. Edited by legaleagle (10 Apr 2015 4.22pm)
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becky over the moon 10 Apr 15 4.32pm | |
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Quote legaleagle at 10 Apr 2015 4.09pm
Quote becky at 10 Apr 2015 2.53pm
You could also try asking (if they are ok) the people at 41 whether their deeds clearly show which fence is whose responsibility...... you would only be liable for one side, so this could help in the debate with 37.
I know - it's just cheaper to ask them for a look at their copy.......
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legaleagle 10 Apr 15 4.34pm | |
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Agreed,if they have kept one
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Barcelona Based Fan No longer Barcelona, now living in... 10 Apr 15 4.56pm | |
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Quote legaleagle at 10 Apr 2015 4.18pm
That's just a copy of the "plan" you've attached to the original post .You need to get a copy" of the register" for the property,from the Land Registry (see link below).This is the document showing ownership of the property,any mortgages and any covenants.The responsibility for a fence would usually be a covenant. There's no general law about who is responsible if there is no documentation about who is responsible. Edited by legaleagle (10 Apr 2015 4.22pm)
Edited by Barcelona Based Fan (10 Apr 2015 4.57pm)
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Hoof Hearted 10 Apr 15 5.24pm | |
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Quote legaleagle at 10 Apr 2015 4.18pm
That's just a copy of the "plan" you've attached to the original post .You need to get a copy" of the register" for the property,from the Land Registry (see link below).This is the document showing ownership of the property,any mortgages and any covenants.The responsibility for a fence would usually be a covenant. There's no general law about who is responsible if there is no documentation about who is responsible. Edited by legaleagle (10 Apr 2015 4.22pm)
Legal is right... the actual title deeds should confirm who has responsibility for upkeep of fences on boundaries. If nothing is shown or if it is not clear who owns the fence, try and negotiate. My neighbour was an absolute cnut about it, so I have made life difficult for him in as many ways as I can which makes me feel better.
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EagleEyedAlbert ...too far north of the water. 10 Apr 15 5.32pm | |
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Quote legaleagle at 10 Apr 2015 4.18pm
That's just a copy of the "plan" you've attached to the original post .You need to get a copy" of the register" for the property,from the Land Registry (see link below).This is the document showing ownership of the property,any mortgages and any covenants.The responsibility for a fence would usually be a covenant. There's no general law about who is responsible if there is no documentation about who is responsible. Edited by legaleagle (10 Apr 2015 4.22pm) The plan is just part of the document. I have a copy of the official register and it has no mention whatsoever of boundaries/fences. Might ask to see both neighbors copies to see if it's elaborated further on any of theirs.
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kingdowieonthewall Sussex, ex-Cronx. 10 Apr 15 5.55pm | |
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sensible thing, is just split cost 50/50.
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legaleagle 10 Apr 15 6.03pm | |
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Quote Barcelona Based Fan at 10 Apr 2015 4.56pm
Quote legaleagle at 10 Apr 2015 4.18pm
That's just a copy of the "plan" you've attached to the original post .You need to get a copy" of the register" for the property,from the Land Registry (see link below).This is the document showing ownership of the property,any mortgages and any covenants.The responsibility for a fence would usually be a covenant. There's no general law about who is responsible if there is no documentation about who is responsible. Edited by legaleagle (10 Apr 2015 4.22pm)
Edited by Barcelona Based Fan (10 Apr 2015 4.57pm)
Planning permission not needed for a standard type garden fence.
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