Who owns the fence?

Question

Looking out into our back garden, do we own the fence on the right hand side?

Answer 1

fences are usually owned by both property owners.. the fence should be right one the property line..

Answer 2

You can obtain copies of plat maps from your local municpality. These will show lot lines and so on, however, they are not consider the end all be all when looking to keep your neighbors off your property. As one writer suggested, you can have a survey done to find out the true border of your property. In newer developemnts there are usually pins in the road, steel pins driven into the pavement to mark a point, based on the closet meridian.

Consider also that sometimes a neighbor or previous home owner might have built the fence a foot or two onto their own property because they didn't know exactly where the property line was, so just to make sure, they moved it one or two feet onto their property. This can create a problem for one of the property owners, if the neighbor is some kind of inch hungry land grabber. For example, if the previous homeowner of the house you live in built the fence and moved it 2 feet onto your property, then your neighbor MAY technically own the 2 foot strip of land that runs between your properties. There's this thing called, adverse possession, where through no intentional fault of either party the lot line as been skewed, either because of a fence, a brook or stream, a tree root or some other situation and one property owner, because they didn't say or do anything about the situation, loses a small part of their property to the neighbor. In this state, there has to be an adverse problem with the lot line for 10 years for adverse possession to have occured. A fence can be a prime candidate for this.

This situation could create quite a stir between neighbors, so I think not mentioning this possibilty to a neighbor is important and considering a survey if you have a question about your lot line. Depending on whose fence it is can be a source of debate when repairs need to be made. In any event, consider a survey, don't mention adverse possession and see where the lot line falls and make your decisions based on that.

Answer 3

The only way to tell is to read through your deeds to the propert where it will be stated. If you have a mortgage on the property then your current deeds will be with your lender but you should have received the previous deeds from your solicitor when you purchased the property. Normal rule of thumb is that you own the right hand boundary as you look out but this is not always the case and the rule of putting the good side of the fence facing to your neighbours side is rarely followed. The only way to be sure is not to get a surveyor round or any of that rubbish, just check through your deeds and it will be on there, if your property is rented, ask your landlord for confirmation.

Answer 4

Woaw there!

There is NO definitive side to owning a fence from just inspection of it. It can be the right, or the left, the posts can be on your side or the neighbours. (UK - not sure about elsewhere).

The only sure way is to check the deeds of the property and look at the site plan. It will have a little "T" marked on the boundaries, and that "T" sits in the grounds that own (are responsible for) the boundary. Anything else can be challenged.

Cheers

Answer 5

In a typical residential garden the fence on the right hand side is the property owners fence.

Answer 6

The struts & panel remark is not entirely true, it is more common curtesy when constructing a fence to put the posts on your own side & the good face of the panel to your neighbours side, if that is the style of the fence. As a general rule it is the boundary [the physical fence is of little significance] to your right that it your property & responsibility to maintain. There is nothing to stop your neighbour erecting a fence or hedge on their own side of the boundry as long as it doesn't encroach on your own space.

Answer 7

A fence line does not confirm possession of belongings. you'll have a plat of survey that got here once you got the domicile. That survey will hit upon belongings strains. There may be belongings stakes buried interior the floor which would be placed. while fences are put in they should in no way be genuine on the line. the guy having the fence put in ought to have it positioned approximately 2" interior HIS edge of the valuables line. In some communities rules stipulate which edge of the valuables the fence ought to stand. you should do some checking on your archives. If each and every thing fails then touch a survey company and function the valuables surveyed and staked.

Answer 8

You would need to have your property surveyed to find out on whose side of the line the fence sits. You should be able to go to the town hall and get a copy of the most recent survey for a cheap price if not free in most towns.

Answer 9

Normally it will be the righthand side fence. This is not always the case though. Only the deeds of the property will give you a definitive answer.

Answer 10

If the posts supporting the fence are showing on your side and the finished panels are showing on your neighbours side, then the fence belongs to you.