A homeowner seeking to erect a 6ft fence for privacy has encountered common issues regarding undefined property boundaries and the financial contributions of neighbours. The situation highlights that while neighbours may agree to share costs, there is no legal obligation for them to do so.
The homeowner purchased a property where boundary lines are not clearly delineated on the title deeds. While a neighbouring property owner has agreed to contribute half the cost of a new fence, another neighbour, who has lived there for 15 years, is only willing to contribute a small amount, stating they are content with the existing low brick walls.
Experts explain that property boundaries are often not precisely defined in official land registry records. Title plans typically show only general boundaries, and while title deeds or registers provide ownership details, they do not always specify responsibility for boundary maintenance. The 'root conveyance,' which details the original sale of land, is the document that sets boundaries and may contain relevant wording.
When boundaries are not formally defined, agreements between neighbours are crucial. A homeowner can formally define a boundary through an application to the Land Registry, but this can be a complex and costly process. In many cases, neighbours reach informal agreements about sharing the costs of boundary maintenance.
Regarding the new fence, the homeowner is looking to build it on their side of the existing low brick wall. Legal advice suggests that if the fence is predominantly on the homeowner's property, the responsibility for its cost and upkeep lies with them. Neighbours are not legally required to contribute financially unless they voluntarily agree. Similarly, decisions about which side of the fence is considered the 'nice' side are subject to mutual agreement.
Questions about responsibility for replacing a fence if it were damaged by wind are also tied to ownership and maintenance. If the homeowner installs and maintains the new fence, they would likely be liable for future replacement costs, and neighbours could refuse to contribute.
Furthermore, potential restrictions on fence height may exist within property titles, and planning regulations might apply if fences exceed certain heights or are near public pathways. Maintaining open communication with neighbours is advised to resolve such matters amicably.