I’m a lawyer – here’s which neighbour REALLY owns your garden fence… it’s complicated & could land you in trouble
A LAWYER has revealed who REALLY owns the fence dividing your garden and your neighbour's.
Barrister Lynette Calder said homeowners must always check the Land Registry to understand who owns their garden fence.
If there isn't anything in there about it, then it will depend on other factors - including who maintained the fence over the years - but this can be settled with a discussion.
Myths about neighbours always owning the fence to the left or the right of their property are incorrect.
If you alter or remove a fence that isn't yours, you could find yourself in an expensive legal battle.
Lynette told The Sun: "It depends on the registry and if that doesn’t say, it will generally depend on factors on the ground. For example, who has always maintained it.
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"There is a common myth that it's always one side or the other that is owned... I can’t remember which side because it’s not correct!"
Lynette also stressed that if a fence falls down you do not have to repair it, unless there is a covenant stating you must.
But any confusion should be solved with discussion before a lawyer gets involved.
If it goes to court, you could lose thousands in legal fees.
"Again this is one that is always best to solve by discussion," she added.
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"The fence is useful to you both - 'Good fences make good neighbours' - so discuss it and sort out something fair and sensible.
"Use what you would have paid me to go on a nice vacation. In some cases a REALLY nice vacation, as this kind of argument in court, can also cost you thousands."
An important point to remember is you cannot put up a fence on your neighbour's property without permission.
If it is your fence on your side of the boundary that needs replacing there is no need to ask permission.
That being said, it is polite to notify them about it - after all they will lose their privacy for a short time.
If the fence you want to replace is on your neighbours property you should ask them if they are willing to change it.
In most cases if you think the fence is tired and possibly broken then they will too and you can come to an agreement.
But if they do not wish to replace it, you can erect your own fence within your property line.
This would cover up the other fence but would mean the two run back to back along the boundary.
If you think your neighbour has built a fence on your land you must check your boundaries.
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Lynette earlier revealed the little-known rule that could cost homeowners thousands of pounds in legal fees if they break it.
And she laid out how far homeowners can build onto their neighbour's property WITHOUT council permission.