Do I Own The Left Or Right Fence In My Garden?
Determining whether you own the left or right fence in your garden can be a bit complex, as it largely depends on the specific property deeds and local customs. In the UK, there isn't a general rule that automatically assigns ownership of one side of the fence to a particular property owner. Instead, the responsibility for boundaries is usually indicated in the property deeds or land registry documents.
Firstly, you should check your property deeds, which include details about the boundary responsibilities. The deeds often use symbols or annotations to indicate which boundaries you are responsible for. Look for any 'T' marks on the plans; if the 'T' is on your side of the boundary line, this typically means you are responsible for that fence. Sometimes, you might see an 'H' mark, which implies a party fence—shared responsibility between both neighbours.
If the deeds don't provide clear information, another useful step is to check with the Land Registry. You can obtain Title Plans and Title Registers for a small fee, which may provide more clarity on boundary responsibilities. Additionally, older properties might have historical agreements that aren't recorded in modern deeds, so it's worth checking any old documents or maps that came with the house.
Furthermore, local customs can sometimes provide a clue. In some areas, it may be a common practice that the property owner is responsible for the fence on a particular side, but remember that this is not a legally binding rule and should not be relied upon as the sole source of information.
If the deeds and land registry documents are unclear, and there's no obvious custom, it might be necessary to have a discussion with your neighbour. It is always best to approach this amicably to avoid any disputes. Sometimes, neighbours agree to share the cost and maintenance of all fences, regardless of the legal ownership.
In situations where disputes arise, it's advisable to seek legal advice. A solicitor with experience in property law can help interpret the deeds and provide guidance on how to handle the situation. They can also assist in mediation if you and your neighbour can't reach an agreement.
In summary, the ownership of garden fences isn't universally assigned and must be determined based on property deeds, land registry information, local customs, and neighbour agreements. If still in doubt, professional legal advice can provide the necessary clarification.