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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34585
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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How do i find out who is responsible fence between my

Customer Question

how do i find out who is responsible for a fence between my neighbour and me? My land registry papers say that I am nor responsible for the fence in question
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information first.Have you also downloaded your neighbours' Land Registry Entries?
Customer: replied 1 year ago.
No I just have the paperwork which I got when I bought the house. It says that I am responsible for the borders marked with a T. These are not marked between myself and the neighbour. The neighbour in question is a housing association tenant and it's the housing association that says that I am responsible. However several years ago when the family moved in, they replaced the fence which has not been maintained by them and now mostly deteriorated. My house is no 29. The house in question is no 28 but my plans seem to suggest that I am responsible for the boundary between myself and no 30.
Expert:  Clare replied 1 year ago.
It would be sensible to download the Office Copy Entries and Maps fro both properties from the site herehttps://www.gov.uk/search-property-information-land-registryAssuming that both sets are silent on the issue then it is a joint responsibility - and you can point out to the Housing Association that the fence in question is definitely theirs asthey put it upI hope that this is of assistance - please ask if you need further detailsClare
Customer: replied 1 year ago.
Thanks Claire ūüėÄ
Expert:  Clare replied 1 year ago.
You are most welcome - I hope all goes well
Customer: replied 1 year ago.
Hello Clare. I talked with a neighbour who lived here since this estate was built and she says it was all open planned with no fences at the fronts of the houses whatsoever. She said that the fences were added by residents bit by bit as a personal choice. This was is the 80s. So as it seems that it was open planned do you think that nobody has responsibility for the fences and that the Housing Association simply elected to maintain the fence between the ajoining house? This might explain why it doesn't show up on my plans. The only areas I have marked with a T are at the rear. This fence is at the front with nothing on the plans suggesting my responsibility. Do you think it would be sensible of me to ask the housing association to show me their documentation from the land registry to prove their point? I don't want the expense of obtaining it myself as I have my own which validates my case.
Expert:  Clare replied 1 year ago.
For the minimal cost involved - less than £5 - it is worth getting the copies yourself
Customer: replied 1 year ago.
Oh really? I thought it was about £100! I'll look into it later? Thank you. Enjoy your day.
Expert:  Clare replied 1 year ago.
No it is easy to get copies of deeds now!
Customer: replied 1 year ago.
Got the copies of deeds and called the housing association on Monday. So far they seem to be ignoring me! Basically, if it's not marked to show who is responsible, does it mean that I am not?
Expert:  Clare replied 1 year ago.
Correct - if there is no mark then it is a boundary which is a joint one - and you need only put up a fence if you wish to do so
Clare and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you very much Clare. You have clarified a couple of points to me. I guess this dispute will be ongoing for the time being with the Housing Association but I will stick by my guns!
Expert:  Clare replied 1 year ago.
Yes you should do that!