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Old 31-05-2005, 12:04 PM
Stan The Man
 
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Default Ownership of fence

My garden adjoins a field and I would like to determine ownership of
the fence which divides us. The field is unregistered land but belongs
to someone in London who rents it out as a paddock. The tenant doesn't
know who owns the fence won't give me any further information about her
landlord - who hasn't visited the place in 30 years by all accounts.

The fence struts and battens are on my side. Is that proof that the
fence doesn't belong to me? Presumably not since if I had a front
garden fence, the battens would also be on the inside. So is it proof
that I do own the fence?
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Old 31-05-2005, 12:10 PM
Harold Walker
 
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"Stan The Man" wrote in message
...
My garden adjoins a field and I would like to determine ownership of
the fence which divides us. The field is unregistered land but belongs
to someone in London who rents it out as a paddock. The tenant doesn't
know who owns the fence won't give me any further information about her
landlord - who hasn't visited the place in 30 years by all accounts.

The fence struts and battens are on my side. Is that proof that the
fence doesn't belong to me? Presumably not since if I had a front
garden fence, the battens would also be on the inside. So is it proof
that I do own the fence?


I would suspect the only real way of knowing is to have your land surveyed
to establish the boundery lines... me thinks anything witin those boundery
lines is yours regardless of who put the fence up . H


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Old 31-05-2005, 12:26 PM
Chris Bacon
 
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Stan The Man wrote:
My garden adjoins a field and I would like to determine ownership of
the fence which divides us. The field is unregistered land but belongs
to someone in London who rents it out as a paddock. The tenant doesn't
know who owns the fence won't give me any further information about her
landlord - who hasn't visited the place in 30 years by all accounts.

The fence struts and battens are on my side. Is that proof that the
fence doesn't belong to me? Presumably not since if I had a front
garden fence, the battens would also be on the inside. So is it proof
that I do own the fence?


1) What does it say on your deeds? This should be a good indication.

2) What of any other property adjoining the field? Is the fence of
one type and construction all along?

3) The fact that the "fence struts and battens" are on your side
tends to indicate that the fence is yours, but is in no way proof.
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Old 31-05-2005, 12:48 PM
BAC
 
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"Chris Bacon" wrote in message
...
Stan The Man wrote:

snip

3) The fact that the "fence struts and battens" are on your side
tends to indicate that the fence is yours, but is in no way proof.


Very true. Last year, one of my neighbours replaced the fence on the side of
her garden furthest away from my property. Her contractor had installed a
couple of the panels in the customary orientation, i.e. with struts and
battens on the owner's (i.e. neighbour's) side, when she had a heated
discussion with him, ordering him to turn the panels round so the 'fair'
side faced into her garden. The contractor explained the convention, and
went on to point out I had followed it, so the fair side on the boundary
between our gardens faced onto her garden. "That's nothing to do with me,
more fool him," she said, insisting on having the fence pointing the 'wrong'
way round.

I'm going to have to replace some more of the fencing on 'her' border soon -
you can guess which way round it's going to face ...


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Old 31-05-2005, 01:05 PM
Chris Bacon
 
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BAC wrote:
"Chris Bacon" wrote...
3) The fact that the "fence struts and battens" are on your side
tends to indicate that the fence is yours, but is in no way proof.


Very true. Last year, one of my neighbours replaced the fence on the side of
her garden furthest away from my property. Her contractor had installed a
couple of the panels in the customary orientation, i.e. with struts and
battens on the owner's (i.e. neighbour's) side, when she had a heated
discussion with him, ordering him to turn the panels round so the 'fair'
side faced into her garden. The contractor explained the convention, and
went on to point out I had followed it, so the fair side on the boundary
between our gardens faced onto her garden. "That's nothing to do with me,
more fool him," she said, insisting on having the fence pointing the 'wrong'
way round.

I'm going to have to replace some more of the fencing on 'her' border soon -
you can guess which way round it's going to face ...


Just pull it down and leave it until a sufficient level of whinging
is detected... and then errect a fence with the plain side facing her
house, with that side treated to a coat of bright blue "preservative",
or traffic-light colours.I must say that I actually like fences in my
garden done the conventional way... the plain side is to keep people
*out*! Did she actually say "more fool him?" How rude! Indicative.


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Old 31-05-2005, 01:27 PM
Tumbleweed
 
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Default


"BAC" wrote in message
...

"Chris Bacon" wrote in message
...
Stan The Man wrote:

snip

3) The fact that the "fence struts and battens" are on your side
tends to indicate that the fence is yours, but is in no way proof.


Very true. Last year, one of my neighbours replaced the fence on the side
of
her garden furthest away from my property. Her contractor had installed a
couple of the panels in the customary orientation, i.e. with struts and
battens on the owner's (i.e. neighbour's) side, when she had a heated
discussion with him, ordering him to turn the panels round so the 'fair'
side faced into her garden. The contractor explained the convention, and
went on to point out I had followed it, so the fair side on the boundary
between our gardens faced onto her garden. "That's nothing to do with me,
more fool him," she said, insisting on having the fence pointing the
'wrong'
way round.

I'm going to have to replace some more of the fencing on 'her' border
soon -
you can guess which way round it's going to face ...


LOL ...I wonder if its possible to get really ugly battens?

--
Tumbleweed

email replies not necessary but to contact use;
tumbleweednews at hotmail dot com


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Old 31-05-2005, 03:44 PM
Nick Maclaren
 
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In article ,
Janet Baraclough writes:
|
| I don't know what you mean by "unregistered land" btw..if it's owned,
| that ownership has to be registered somewhere?

Not in England, it doesn't. Nor, I believe, Scotland.

In the former, it was made mandatory to register it when selling
it only a few decades ago; I don't know if it has to be if it
is left in a will or given away. If it has not been sold in a
long time, it may not be registered, but it may still be owned.


Regards,
Nick Maclaren.
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Old 31-05-2005, 04:36 PM
Bob Hobden
 
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"Nick Maclaren" wrote
after Janet wrote:
|
| I don't know what you mean by "unregistered land" btw..if it's owned,
| that ownership has to be registered somewhere?

Not in England, it doesn't. Nor, I believe, Scotland.

In the former, it was made mandatory to register it when selling
it only a few decades ago; I don't know if it has to be if it
is left in a will or given away. If it has not been sold in a
long time, it may not be registered, but it may still be owned.


But if Stan has bought his property in the last few decades then his
property will be Registered Land and if he looks at his deeds, or gets a
copy from the Land Registry, it will usually show on the plan who owns which
fence.
That said they do not show exact lines of fences so you cannot use their
plans in fence position disputes egg our drive is curved and has been since
the house (and Next-door) were built, the Land Certificate shows a straight
line.

--
Regards
Bob
In Runnymede, 17 miles West of London




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Old 31-05-2005, 04:53 PM
Nick Maclaren
 
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In article ,
"Bob Hobden" writes:
|
| But if Stan has bought his property in the last few decades then his
| property will be Registered Land and if he looks at his deeds, or gets a
| copy from the Land Registry, it will usually show on the plan who owns which
| fence.

Er, no. I have been indirectly involved in just such a dispute
recently.

| That said they do not show exact lines of fences so you cannot use their
| plans in fence position disputes egg our drive is curved and has been since
| the house (and Next-door) were built, the Land Certificate shows a straight
| line.

Depending on circumstances, there may be only a plan with a fairly
crude boundary. That is usually quite inadequate to show who owns
a fence - THAT information is more normally in the deeds or not
available. There seems to be no requirement on the precision of
the information that is registered, nor indeed that any information
is registered other than the boundary and the owner.


Regards,
Nick Maclaren.
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Old 31-05-2005, 05:12 PM
Victoria Clare
 
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(Nick Maclaren) wrote in
:


In article ,
"Bob Hobden" writes:

| That said they do not show exact lines of fences so you cannot use
| their plans in fence position disputes egg our drive is curved and
| has been since the house (and Next-door) were built, the Land
| Certificate shows a straight line.

Depending on circumstances, there may be only a plan with a fairly
crude boundary. That is usually quite inadequate to show who owns
a fence - THAT information is more normally in the deeds or not
available. There seems to be no requirement on the precision of
the information that is registered, nor indeed that any information
is registered other than the boundary and the owner.



Our deeds show a border apparently drawn by a dying spider dipped in ink,
and certainly no fences or hedges. Our info on ownership and rights to our
drive, fences and hedges is largely based on common sense, hearsay, and
sometimes contradictory gossip. Some of our border is raised on Cornish
banks, and has contracted, slipped and moved about with the earth and
rocks.

Luckily we get on well with our neighbours!

Down the road a bit is an area of land that for a long time had a sign on
it saying essentially:

'the council would rather like to stick a footpath here. Does anyone know
who it belongs to and if they are likely to complain if we do?'

Victoria


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Old 31-05-2005, 05:15 PM
Broadback
 
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Nick Maclaren wrote:

In article ,
"Bob Hobden" writes:
|
| But if Stan has bought his property in the last few decades then his
| property will be Registered Land and if he looks at his deeds, or gets a
| copy from the Land Registry, it will usually show on the plan who owns which
| fence.

Er, no. I have been indirectly involved in just such a dispute
recently.

| That said they do not show exact lines of fences so you cannot use their
| plans in fence position disputes egg our drive is curved and has been since
| the house (and Next-door) were built, the Land Certificate shows a straight
| line.

Depending on circumstances, there may be only a plan with a fairly
crude boundary. That is usually quite inadequate to show who owns
a fence - THAT information is more normally in the deeds or not
available. There seems to be no requirement on the precision of
the information that is registered, nor indeed that any information
is registered other than the boundary and the owner.


Regards,
Nick Maclaren.

Though my boundaries are not clearly defined, especially on the South
side where they state "to water", and the water point varies, as it
dries out in the Summer!. However what is stated I must maintain stock
proof fencing on all boundaries. That I believe is common where the
property is surrounded by agricultural land.
I may be cynical, but perhaps the Renter does not pay rent, and does not
wish you to contact them as she is hoping to get squatters rights. What
possible reason could she have for not giving you the owners details?
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Old 31-05-2005, 05:42 PM
Jaques d'Alltrades
 
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The message
from Stan The Man contains these words:

My garden adjoins a field and I would like to determine ownership of
the fence which divides us. The field is unregistered land but belongs
to someone in London who rents it out as a paddock. The tenant doesn't
know who owns the fence won't give me any further information about her
landlord - who hasn't visited the place in 30 years by all accounts.


The fence struts and battens are on my side. Is that proof that the
fence doesn't belong to me? Presumably not since if I had a front
garden fence, the battens would also be on the inside. So is it proof
that I do own the fence?


In a word, no.

You'll have to consult the deeds. They *MAY* help...

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/
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Old 31-05-2005, 05:44 PM
Jaques d'Alltrades
 
Posts: n/a
Default

The message
from "Harold Walker" contains these words:

I would suspect the only real way of knowing is to have your land surveyed
to establish the boundery lines... me thinks anything witin those boundery
lines is yours regardless of who put the fence up . H


Well, no. Anything on your property is your responsibility unless there
is an agreement to the contrary. If a fence is mistakenly (or
deliberately) built on your property, you don't automatically have
ownership of it.

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/
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Old 31-05-2005, 05:47 PM
Jaques d'Alltrades
 
Posts: n/a
Default

The message
from "Tumbleweed" contains these words:

LOL ...I wonder if its possible to get really ugly battens?


Concrete posts...

--
Rusty
Open the creaking gate to make a horrid.squeak, then lower the foobar.
http://www.users.zetnet.co.uk/hi-fi/
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Old 31-05-2005, 06:10 PM
loraine
 
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Default

Hi Stan, dont quote me on this but i was always under the impression that
whoevers garden the posts are in, the fence belongs to them......

Loraine

"Stan The Man" wrote in message
...
My garden adjoins a field and I would like to determine ownership of
the fence which divides us. The field is unregistered land but belongs
to someone in London who rents it out as a paddock. The tenant doesn't
know who owns the fence won't give me any further information about her
landlord - who hasn't visited the place in 30 years by all accounts.

The fence struts and battens are on my side. Is that proof that the
fence doesn't belong to me? Presumably not since if I had a front
garden fence, the battens would also be on the inside. So is it proof
that I do own the fence?



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