What Side of the Fence is Mine?

Backyard fences present an entire host of benefits to a property.

In addition to being aesthetically pleasing, they act as a transparent boundary between you and your neighbours whereas additionally serving to to reinforce privateness inside your backyard.

However what aspect of the fence is yours?

Generally, neighbours could get into disputes relating to who owns the fence, whose aspect is whose and who has the accountability for upkeep. 

If that is so for you, then it’s a good suggestion to know what aspect of the fence is yours and whether or not you’re accountable for it in any manner.

On this article, we’ll reply the query ‘what aspect of the fence is mine?’ outlining all the things it is advisable to find out about fence possession. 

Learn on to seek out out extra…

What Facet Of The Fence Is Mine?

Opposite to well-liked perception, individuals don’t essentially personal the aspect of the fence that faces their backyard. 

There’s a frequent fable that the left-hand aspect of the fence, as you have a look at the property from the highway, is the a part of the fence you personal. Nevertheless, this isn’t true. 

In truth, often, one individual will personal the fence and it’ll both be yours or your neighbours. 

One of the simplest ways to find out that is to take a look at the property’s deeds. 

Title deeds define all the things it is advisable to find out about your property, together with possession of sure boundaries, together with fences. 

This data could be discovered within the Conveyance or Switch part of the doc and right here it’ll state that the purchaser of a home is both collectively and equally accountable for boundaries or solely. Typically, neighbours will likely be collectively or equally accountable for sure boundaries and this will embrace fences. 

Nevertheless, the deeds can also stipulate sure boundaries that the home-owner solely owns. For those who discover boundaries which have been marked with a T going through inward, then this implies you’re the sole proprietor of this boundary. 

With this in thoughts, if a dispute does escape relating to fence possession then referring to your title deeds is among the best methods of clearing up who truly is the proprietor. Nevertheless, you have to be conscious that typically deeds will not be up to date when boundaries shift. In these situations, deeds is probably not correct and so that you’ll have to hunt additional clarification.  

What Can I Do If I Don’t Know Who Owns The Fence?

As talked about above, in case your deeds don’t state who owns the fence or you’re not sure for some other cause, there could also be different methods you could find out a fence’s possession.

The solicitor you used to buy the home will seemingly have a replica of any paperwork you want, but when this additionally doesn’t embrace the related data you’ll be able to go to the Land Registry web site. They’ve entry to a variety of property plans within the UK and, for a small price, will be capable of give you data regarding yours. These plans will seemingly embrace data relating to boundary possession. 

Alternatively, you possibly can organise a personal boundary settlement together with your neighbour. It is a legally binding doc the place you and your neighbour will formally state who owns which boundary. Because of this any future disputes will likely be simple to resolve as you each can have beforehand agreed to the boundaries. Whereas it is a worthwhile factor to contemplate, you must at all times seek the advice of authorized professionals that will help you draw up the doc and guarantee it protects each events. 

Which Facet Of The Fence Will Face My Backyard?

Now that we’ve checked out fence possession in better element, let’s reply the query of ‘which aspect of the fence will face my backyard?’

Each fence has two sides, a great aspect and a nasty aspect. 

The great aspect is the sleek aspect of the fence which doesn’t embrace any fence posts which may be ugly or show to be obstructive. In distinction, the unhealthy aspect is the aspect of the fence with these posts. 

Which manner around the fence is positioned would be the choice of the fence proprietor and, often, they’ll understandably select to have the great aspect going through their backyard and the unhealthy aspect going through their neighbours. 

Sadly, in the event you’re not the fence proprietor and you’ve got been left with the unhealthy aspect of the fence going through your property, there may be nothing you are able to do about it. Nevertheless, you possibly can contemplate planting massive flowers, shrubbery, timber or different pure components to cover fence posts in the event you so want.

Does The Fence Proprietor Have To Repair It? 

The most important disputes round fences have a tendency to return when harm has been sustained to it.

Fences can change into broken for a wide range of causes together with normal put on and tear and from excessive climate circumstances. If a fence has acquired holes in it or has even collapsed completely, individuals will typically need the harm to be rectified with a purpose to restore the boundary and make sure the look of the backyard stays engaging. 

Nevertheless, even when you recognize who owns the fence, possession doesn’t imply the individual will likely be legally required to hold out, or organise, any upkeep work. 

In truth, there aren’t any legal guidelines in any way that legislate for fence repairs, and if the proprietor doesn’t wish to repair the harm then there may be nothing you are able to do to power them. 

Even when the fence has fully fallen down, there is no such thing as a authorized necessities to handle this. It’s because a fence is just not a authorized requirement of a property and folks don’t have to have one in the event that they don’t wish to.

The one possibility you’ve got in these situations is to put in your personal. So long as the fence is solely in your boundary and doesn’t intrude onto your neighbour’s property you’ll be able to at all times do that. 

Do You Want Planning Permission For A Fence?

Usually, you’ll not want planning permission for a fence.

The one events when you might require it’s in case your fence is larger than two meters in peak, whether it is constructed from brick, stone or concrete or in the event you personal a listed constructing or stay in a conservation space or space of excellent pure magnificence (AONB).