Whose fence is it ?

mardi 22 mars 2016

The fence between myself and one of my neighbours has decided to collapse for the most part. Property was built 1990, I took possession 1994, so the fence I assume is 25 years old.

It is a post and rail construction with feather edge boards 6' high and at least four posts have snapped at earth level. Due to its age, replacement rather than repair is the plan. It is approximately 80 feet long.

I don't know whose responsibility the fence is ? Irrespective of ownership, I'd be happy to go 50/50 as both parties will benefit. However, my neighbour who only arrived last summer doesn't appear interested.

I've always understood that the property with the posts and rails (that's me) is the owner (smart side of fence facing neighbour). However, some work colleagues have stated that when a property is viewed from the front, the left fence is owned and the one on the right is the neighbour's. This broken fence is on the right. In another twist, a local contractor I asked to look at it said it wasn't mine as I'd have the smart side if it belonged to me !

My property deeds are with the bank and I would prefer it if I didn't have to go down that route.

So, is there a hard and fast rule about which side fence belongs to the property ? My preferred solution is to go 50/50 with new neighbour (who I get on with).

Sorry for the ramble, any suggestions will be welcomed. Thanks.

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Whose fence is it ?

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