Topic: Boundry !!

[Debs]

Right ,     i need a bit of help ...   im sure russel can shed light on this... but if anyone else knows for definite i will be grateful for some help as will my next door neighbour.  She has got photos of the plans from her deeds but where its been drawn around to show their land you cant see and T's anywhere to i dicate who is responsible for what

As you know im in privately rented accomodation  via an agency .  My fencing has been down AGAIN since storm ciara and more after storm dennis . 4 pf the panels are easy ... they belong to my property. The sticking poi t is the one between me and my next door neighbour who own their house .  Who owns that boundary.. in other words whose responsibility is it when the fencing comes down.   When i was married and we owned our own homes.. we had 5 homes that we owned . When we stood at our back door looking into the garden the boundry to our right was ours .. the one on the left was our neighbours to the left .  Since renting this house it seems no one knows who is responsible for  any of them .   Not even the agency 🙄🙄

[baldy]

I assume that you have a typical Assured Shorthold form of tenancy agreement.

If it is not, the lease will need to clearly say so.

On the basis that it is a normal Assured Shorthold, the landlord is responsible for all repairs.

Tell the managing agent to do their job and advise their client Landlord that the property needs a repair. It will be for the Landlord to sort whether it his/her fence or a neighbour to sort and they should tell you what is going to happen to fix the fence.

Frankly, most managing agents do not understand their job very well especially if they are not qualified in any proper way. Over the years, I've come across all sorts of nonsense including the idea that a tenant cannot change the lock of the outside doors because the Landlord wants to be able to enter when it suits them.

NB. A tenant has a lease which, by law, ensures "EXCLUSIVE POSSESSION". It is simply not a lease if there is no exclusive possession granted. This means the tenant has every right to ensure no-one enters without their permission and has every right to secure the external doors with their own locks. Obviously, this is subject to rights by the landlord or agent to enter upon suitable notice to sort repairs or inspect occasionally.

[Debs]

 There is no dispute  that the owner has to replace 4 of the panels  but thanks for your reply .... its just this one  panel between us both which is a sticking point.
So going by your answer russel do i take it that there is now no rule that says who owns the right side and who owns the left side ? My owner doesnt seem to know .. he is supposedly going to try and find out..   its just taking its time ..   beginning of feb ive had no fencing from , with 5 panels missing.   I thought by asking here it might speed up the whole process  👍

[baldy]

It is for the landlord to sort it - not the tenant.

I don't see why you are trying to establish which owner is responsible as they are not going to take your advice on who needs to pay for fixing the fence.

If there is no clear guidance in the old deeds (if the homes have not been sold since the 70s) or in the title certificates held by the Land Registry (which by law holds all the details on land sold since the 70s - and this replaces all the deeds which become irrelevant), the owners will have to come to an agreement, probably by looking at what other neighbours nearby are doing.  They may need to agree to share the cost.

If it becomes a dispute between the owner neighbours, they could end up in a First Tier Tribunal and shell out on legal fees until they go bankrupt ...

[Debs]

   i know its not my job to find out ...  im just being me and being nice to help speed things up. Since no one else seems to know .   We have been here nearly 7 years and have had this issue every year when some part of our fencing comes down with every storm

[baldy]

Ok. I see the problem clearly.

You need to follow the answer I gave earlier:

Tell the managing agent to do their job and advise their client Landlord that the property needs a repair. It will be for the Landlord to sort whether it his/her fence or a neighbour to sort and they should tell you what is going to happen to fix the fence.


If the repair is not done, I would assume that other repairs do not get done and look for another place and landlord.

[Bob DeBilda]

I am assuming that the 4 panels are on one side (your side) and the 5th panel is on the other side?

If this is the case, and the 4 panels are yours (your landlords), it stands to reason the 5th panel is your neighbours on that side. Or is that too simple?