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#1
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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? |
#2
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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 |
#3
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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. |
#4
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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 ... |
#5
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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. |
#6
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"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 |
#7
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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. |
#8
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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 |
#9
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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. |
#11
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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? |
#12
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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/ |
#13
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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/ |
#14
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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/ |
#15
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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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