Who has title over party wall/fence?


Postby Bamford » Sun Aug 09, 2009 7:39 pm

Can someone please tell me whether my nighbour has title to party fence in the garden. This a continuation of his outside wall & is a fence with panels, and is shown on the deeds as a boundary line. He has removed all panels & is now threatening to remove the concrete fencing posts, to force me to put another fence on my land hence moving the boundary line. Has he legal right to do this?
Bamford
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Postby stoneyboy » Tue Aug 11, 2009 10:12 pm

Bamford,
You need to get hold of your deeds and see who owns the boundary. Failing this talk to your other neighbours and see if they know which boundary is theirs - this should be repaeated up the street.
end
stoneyboy
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Postby Bamford » Sat Aug 15, 2009 2:19 pm

[quote="stoneyboy"]Bamford,
You need to get hold of your deeds and see who owns the boundary. Failing this talk to your other neighbours and see if they know which boundary is theirs - this should be repaeated up the street.
end[/quote] Thanks I think according to the deeds it is his boundary line. In the deeds it also say's to keep all fences in repair. What does that mean?
Bamford
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Joined: Fri Aug 07, 2009 6:54 pm


Postby Bamford » Sat Aug 15, 2009 2:23 pm

Thanks according to the deeds I think it's his responsibility. In the deeds it also states to maintain the fence. What does that mean?
Bamford
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Joined: Fri Aug 07, 2009 6:54 pm


Postby plumbbob » Sun Aug 16, 2009 9:09 am

If the fence was a party divide then you would both have equal responsibility for it and you could, with his agreement simply replace it where it is.

If it is not a party fence, then it ought to be stepped back from the boundary line slightly so the true boundary is on your side of the fence. That's why it's his fence and his responsibility- it's on his land.

You could erect a new fence right up against his, and the boundary should remain unchanged simply because it is your fence on your land. Of course, this may be inconvenient to you and a future neighbour may try to claim the fence is theirs!

Whatever, I would keep good photographic evidence of where the fence and boundary is now before the line disappears.

About keeping a fence in good order, well, that's just what he should do. But how you force someone in to doing it is difficult which is why many choose to either replace their neighbours fence, or build their own.

You have my sympathy.
plumbbob
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