Skip to content
home-and-garden — Home — Costs — Planning — Lifestyle — Build

Determining Fence Ownership: A Planning Consultant Clarifies That the 'Left-Hand Rule' Is Just a Misconception

Whittling away unnecessary fence upgrades and evading potential planning law infusions: Clarify 'which side of the fence owned' prior to implementing modifications.

,   and  Administrator
4 min read
Determine your legal fence responsibilities to prevent unnecessary expenses and planning violations...
Determine your legal fence responsibilities to prevent unnecessary expenses and planning violations by asking "which side of the fence belongs to me" prior to any modifications.

Determining Fence Ownership: A Planning Consultant Clarifies That the 'Left-Hand Rule' Is Just a Misconception

Can't wrap your head around that ol' property line conundrum? Well buckle up, partner! Here's a no-nonsense guide on figuring out who owns the blasted fence, even when the deeds don't play by the rules.

First things first, take a gander at your property deeds. If you're lucky, they'll reveal the boundaries you're responsible for, making life a hell of a lot easier when it comes to planning permission for fences. Look for T-shaped symbols highlighting the boundary lines. If the tip of the 'T' (the single line at the bottom) is pointing at the boundary lines, congrats, it's yer fence! The rest of the 'T' should be within yer property boundaries too.

Now, if you see two 'T's pointing at each other either side of the boundary line, forming an 'H', it's party time, my friend! This suggests a party wall relationship, where both you and your neighbor share ownership. You might find two fences butting up against each other with this setup, but remember, every fence's story is different.

If your deeds ain't talkin', don't fret. Head on over to the HM Land Registry website and request documents. On this site, you can find out if the property or land in question is registered and download a copy of the title register and title plan, which'll likely show the boundaries of yer property. Keep in mind, though, that even if the boundaries are shown on the plan, it's not always clear who owns 'em.

Now, if the deeds don't spill the beans, there are other factors that can help point to ownership, although they might depend on the type of fence yer dealin' with. For example:

  • The rails facing outward: In some areas, the orientation of the fence rails can hint at ownership. It's common for rails to be installed facing into the property, giving the neighbor the 'good' side of the fence. This might suggest who installed the fence or maintains it.
  • Post position: Posts supporting the fence are usually placed on the side of the owner of the fence. But remember, exceptions always crop up.
  • The strut placement: Similar to posts, fence struts typically sit on the owner's side of the garden.
  • Panel positioning: Wooden panels between posts are usually positioned on the owner's side of the boundary.

Now, remember, this ain't an exact science, and you should always turn to yer property deeds for a concrete answer. But it's good to have some ideas in yer hip pocket!

The basic position is, a garden boundary - be it a fence, a hedge, or a wall - is shared jointly between both sides, unless the deeds say otherwise. If the deeds are silent, it's shared, meaning both neighbors are jointly responsible for the upkeep and repair of the boundary. If the deeds say otherwise, then yer golden. Keep in mind, though, the exact location of a boundary isn't always indicated by deeds or by the land registry plans, so don't get too hung up on the small print.

In short, figuring out fence ownership ain't an easy task, but lucky for you, there are some strategies to help guide ya through the tangled mess of property lines and fences. Keep these tips in mind, and you'll be well on yer way to settlin' the great fence debate!

Remember, when in doubt, consult a professional! Mediation may be necessary in cases of boundary disputes, so it's always better to be prepared!

```markdownFence Ownership: Solving the Property Line Conundrum===================================================

Overview

Determining fence ownership can be a tricky business, especially when property deeds are unclear. Here are some factors to consider:

  1. Check Your Property Deeds: If possible, check your property deeds for any information about fence ownership. Look for T-shaped symbols that indicate boundary lines.
  2. Turn to the HM Land Registry: If you don't have a copy of your property deeds, you can request documentation online from the HM Land Registry.
  3. Observe Fence Orientation: Check the orientation of the fence rails, posts, struts, and panel positions for signs of ownership.
  4. Examine Maintenance and Use: Look for signs of who is primarily maintaining or using the fence. The property owner who does so may be responsible for ownership.
  5. Consider Local Customs: Check if there are any informal agreements or local customs that may affect fence ownership.
  6. Enlist Professional Help: If you're still unsure, consider consulting a real estate attorney or surveyor.
  7. Mediation: If disputes arise, consider mediation to resolve disagreements amicably.

The exact location of a boundary may not always be indicated by deeds or land registry plans, but evidence of structures, long-standing usage, and clear communication with neighbors can help you understand your property boundaries.```

  1. When planning for a new fence at home, it's crucial to consider the costs associated with determining ownership based on property deeds and potential party wall relationships.
  2. If the property deeds don't provide clear information about the home-and-garden boundaries, checking the HM Land Registry website for title registers and plans might provide valuable insights.
  3. Keep in mind that a fence's maintenance and use could hint at its ownership, such as when fence rails face outward or one neighbor appears to be primarily maintaining the structure.

Read also:

    Related

    Latest