i live in a semi detached house and there is only one fence between my ajoining neighbour. It has blown down several times, and have replaced my self. There is a very big tree in the neighbours garden and the roots are pushing the fence our way with visible roots on our side. Does anyone know where i stand legally.
2006-10-02 08:07:05 · 12 answers · asked by nadbish 2 in Home & Garden ➔ Garden & Landscape
Nominally on the left but you need to check your land registry. There will be a small "T" on the boundary, the T will be on the land who owns the boundary fence.
Yo've probably got a copy of the deeds or land registry in your house moving file ( that we all seem to keep "just in case" )
2006-10-02 21:32:55 · answer #1 · answered by Michael H 7 · 0⤊ 0⤋
Actually, its the LEFT side not right. If you stand a face your house (at the front), your fence is on the left, any fence dividing you from your semi-neighbour would be on your right, that's the responsibility of your neighbour. If the tree is overhanging your garden you have the right to cut the branches back to the fence line (boundary), but unless your neighbours says different, you should return the branches you have cut off to your neighbours side, sounds daft, but it's fact. You can also cut off the roots encroaching on your property.
I suggest you take photos and go to the CAB or your local council.
If you get on with your neighbour try talking to them about it, far easier.
2006-10-02 08:19:48 · answer #2 · answered by Nellie 2 · 0⤊ 0⤋
It should be listed in the deed to your house. We live in a semi detached and were "told" that we were responsible for all three sides of our fence! Only to find out that we are only responsible for one side! The neighbors at the end of our garden were responsible for the back because they put a walkway giving access into their back gardens. The sidewalk technically was part of their back garden. Our neighbors were lovely and they paid most of the expense to replace the fence and we chipped in as well. Look into the paperwork when you were sold the house.
Also we had an obnoxious tree in our garden and a neighbor (very nicely) came around and asked about it and told us the roots were causing him problems in his garden. etc. We paid for the tree to come down because if he'd chopped at the tree, and it became unstable and fell through his own house....we were told (by a solicitor)we were liable for it. Just wasn't worth taking a chance. Your neighbor might not know its causing you problems.
Lots of luck!
2006-10-02 08:20:42 · answer #3 · answered by K's Mom 3 · 0⤊ 0⤋
Who owns the fence? When a fence is installed it is always placed on the owners side. If it is on your property, you are the owner. You can talk to the neighbor about the roots and can even cut them without killing the tree but let your neighbor know first. If it is on his side then it is his fence and his responsibility.
2006-10-02 08:16:17 · answer #4 · answered by smgray99 7 · 0⤊ 0⤋
The bit on your side!
You can legally cut off any encroaching vegetation (even if the tree dies!!) but only up to the dividing line between the gardens. However, you are not entitled to keep anything you cut off so you could have a battle of wills going on here. Have you tried talking to your neighbourss, they might have similar problems with the tree re leaves dropping and shady areas and might want to get rid of it.
2006-10-02 08:14:35 · answer #5 · answered by wendy k 3 · 0⤊ 0⤋
First I would find out who the original fence belonged too. Then kindly explain your dilemma to your neighbor, maybe between the two of you a solution could be found. It may be easier to approach it with kindness rather than who is legally responsible, maybe bake some cookies and put a smile on your face and knock on the door. You may find that they are willing to help with the problem.
2006-10-02 08:13:30 · answer #6 · answered by preshus 3 · 0⤊ 0⤋
As a general rule you own a fence if the posts are on your side.
You can lop off overhanging branches but offer them back to your neighbour.
If tree is destabilising any structure apply to the council to have it removed.
2006-10-02 12:06:07 · answer #7 · answered by Anonymous · 0⤊ 0⤋
without a survey there is no way to know. but once that is done, and it is found that the tree is infringing on your property you will need to find out what city laws are on books about that and then go from there. these laws are as different as there are cities
2006-10-02 08:10:52 · answer #8 · answered by fn_49@hotmail.com 4 · 0⤊ 0⤋
you can normally tell which fence is who's if the pretty side is facing you its theirs and if you have the ugly side its yours buy ugly i mean the posts, the tree limbs hanging over on your side you can legally cut them off anything over the fence in your side is yours
2006-10-02 08:46:58 · answer #9 · answered by Amy 3 · 0⤊ 0⤋
As you look down the garden with your house behind you, yours is the one on the right
2006-10-02 08:09:45 · answer #10 · answered by Flibble 3 · 0⤊ 1⤋