Boundary fences

19
Found 16th Aug 2012
I have been told by the council that they have two definitions for fences. A dividing fence and a boundary fence.

They repair boundary fence but not dividing fence. If their fence falls into my freehold property, surely this is a boundary fence and not a dividing fence?

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19 Comments

Not sure but its definately a fence

Original Poster

ed1980

Not sure but its definately a fence



yes, the last time i checked, it was a fence.

I believe that a boundry fence would be one that seperates your garden from a allyway/road etc. a dividing fence just seperates you and your neighbours garden. i might be wrong

Original Poster

ed1980

I believe that a boundry fence would be one that seperates your garden … I believe that a boundry fence would be one that seperates your garden from a allyway/road etc. a dividing fence just seperates you and your neighbours garden. i might be wrong



they say that a fence which separates neighbours' gardens are classed as dividing fence but i can't see where else you can have a fence.

your example does sound logical to a certain extent but what difference would it be to them if the fence divides their property from an alleyway to that of another property with regard to responsibility for maintainance. or am i asking for too much logic from a council?

mutley1

they say that a fence which separates neighbours' gardens are classed as … they say that a fence which separates neighbours' gardens are classed as dividing fence but i can't see where else you can have a fence.your example does sound logical to a certain extent but what difference would it be to them if the fence divides their property from an alleyway to that of another property with regard to responsibility for maintainance. or am i asking for too much logic from a council?



Do you own your property and/or does your neighbour own theirs?

Original Poster

midlandscomics

Do you own your property and/or does your neighbour own theirs?



i own my property which is freehold but my neighbour is a council tenant so her fence belongs to the council, which has fallen into my property. this is why i thought it would be classed as a boundary fence and not a dividing fence as the council does not own both of our land.

mutley1

i own my property which is freehold but my neighbour is a council tenant … i own my property which is freehold but my neighbour is a council tenant so her fence belongs to the council, which has fallen into my property. this is why i thought it would be classed as a boundary fence and not a dividing fence as the council does not own both of our land.



As mentioned above, I'd take a boundary fence as one that backs on to a public right of way (path, alleyway, road etc), with anything between two properties being a dividing fence........ I guess it's all down to what is says in your house's deeds as to which fence is who's responsibilty.

mutley1

i own my property which is freehold but my neighbour is a council tenant … i own my property which is freehold but my neighbour is a council tenant so her fence belongs to the council, which has fallen into my property. this is why i thought it would be classed as a boundary fence and not a dividing fence as the council does not own both of our land.



Well if the council owns the neighbours property it sounds as if it is their responsibility anyway. But I dont think fences have to be replaced like with like. I dont even think there has to be a fence unless it is dictated by the deeds. They may even decide to just run some string to denote the boundary.

*** I may be wrong

Original Poster

midlandscomics

As mentioned above, I'd take a boundary fence as one that backs on to a … As mentioned above, I'd take a boundary fence as one that backs on to a public right of way (path, alleyway, road etc), with anything between two properties being a dividing fence........ I guess it's all down to what is says in your house's deeds as to which fence is who's responsibilty.



the deed says that the fence belongs to my neighbour, ie. the council. the council says that tenants are responsible for repairing the fences and as she is a disabled OAP, I thought I would try to help her by asking if the council could repair it as I thought it may be a boundary fence.

the lady says she will pay for the repairs as the council won't repair it but I thought poor lady.

Original Poster

WoolyM

Well if the council owns the neighbours property it sounds as if it is … Well if the council owns the neighbours property it sounds as if it is their responsibility anyway. But I dont think fences have to be replaced like with like. I dont even think there has to be a fence unless it is dictated by the deeds. They may even decide to just run some string to denote the boundary.*** I may be wrong



yes, under UK law, it is not obligatory to erect a fence and you could just leave your land unfenced with your neighbour if you so wish.

Councils budgets have become a lot tighter. It may be that replacing a fence which they are not actually OBLIGATED to do is something they will not do unless it is shown to be producing a problem for their tennant.

So it will likely be between you and your neighbour to reach an accomodation

Original Poster

WoolyM

Councils budgets have become a lot tighter. It may be that replacing a … Councils budgets have become a lot tighter. It may be that replacing a fence which they are not actually OBLIGATED to do is something they will not do unless it is shown to be producing a problem for their tennant. So it will likely be between you and your neighbour to reach an accomodation



landlords are responsible for fences and they can not tell tenants that they are responsible for repairs so i don't see why councils can get away with it.

i have already offered to split the cost with her when she told me that she is an OAP even though it is her responsibility.

How bad is the fence, would it not be easier to buy a few panels/posts and just fix it.

Good karma

Original Poster

ed1980

How bad is the fence, would it not be easier to buy a few panels/posts … How bad is the fence, would it not be easier to buy a few panels/posts and just fix it. Good karma



yes, she plans to do this. but we need to get someone to do the repair as neither me nor her can do this work.

mutley1

landlords are responsible for fences and they can not tell tenants that … landlords are responsible for fences and they can not tell tenants that they are responsible for repairs so i don't see why councils can get away with it.i have already offered to split the cost with her when she told me that she is an OAP even though it is her responsibility.



Yes but unless the area being unfenced is causing their tennant problems they can decide to do nothing. If however their tennant was having problems due to there not being a fence the council COULD decide to seek redress from the person causing the problems.

They dont have to replace a fence UNLESS it says so in the deeds

Original Poster

WoolyM

Yes but unless the area being unfenced is causing their tennant problems … Yes but unless the area being unfenced is causing their tennant problems they can decide to do nothing. If however their tennant was having problems due to there not being a fence the council COULD decide to seek redress from the person causing the problems. They dont have to replace a fence UNLESS it says so in the deeds



my deed says that i must maintain my fence and my deed was issued by the council as my house is an ex local authority property. i doubt however that the council has imposed this clause on itself.

Banned

Are you sure you explained it properly to the council, mutley, as it took half a dozen posts in this thread before I knew what you were on about.:p

mutley1

my deed says that i must maintain my fence and my deed was issued by the … my deed says that i must maintain my fence and my deed was issued by the council as my house is an ex local authority property. i doubt however that the council has imposed this clause on itself.



Always worth checking out boundary responsibilities before buying. And deciding how you might go about enforcing responsibilities

Original Poster

dunfyboy

Are you sure you explained it properly to the council, mutley, as it took … Are you sure you explained it properly to the council, mutley, as it took half a dozen posts in this thread before I knew what you were on about.:p



i think the problem is that i am put in contact with an office clerk who does the booking for the traders so they are unlikely to understand the difference between a boundary fence and a dividing fence as their knowledge of deeds would be limited.

i would have thought that a boundary fence is one that divides boundaries but guess that would be too obvious. oO
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