Discussion
Not sure if this is the right place or home and DIY?
I have some damage to a garden fence. Neighboring property (common area) have allowed an overgrown area to grow even more and its now put so much pressure on the fence that its leaning and in places its bulging.
The property with the over grown area is owned by a LTD company within the management company for the estate and I contacted them and told them about this issue about a year ago. I have now had emails back and forth and not getting anywhere.
I am also worried that the over grown area might be damaging the wall to my garage. I have been round to take a look but its so thick I cant get through to see.
FWIW the management company used to trim the area once a year until covid and its not been done since.
Any advice re my legal position?
I have some damage to a garden fence. Neighboring property (common area) have allowed an overgrown area to grow even more and its now put so much pressure on the fence that its leaning and in places its bulging.
The property with the over grown area is owned by a LTD company within the management company for the estate and I contacted them and told them about this issue about a year ago. I have now had emails back and forth and not getting anywhere.
I am also worried that the over grown area might be damaging the wall to my garage. I have been round to take a look but its so thick I cant get through to see.
FWIW the management company used to trim the area once a year until covid and its not been done since.
Any advice re my legal position?
I am not entirely sure who owns it. The management company say I own it. There is a concrete edging stone which IMHO is the edge of my property - the fence is on their side of the stone. But thats not my worry really its more if the fence comes down on my car!
If thats the case then surely they should keep the area maintained as to prevent damage to peoples property?
Also is it ok for me to hack at other peoples property?
If thats the case then surely they should keep the area maintained as to prevent damage to peoples property?
Also is it ok for me to hack at other peoples property?
Also just to mention when I moved in the fence was not in great condition, previous owners had not touched it in 10 years, I emailed the management company to ask if it was mine or theirs and they said it was mine so I had a landscaper replace the feather edge boards at my own cost. He also replaced a couple of posts which didn't look good. The fence is not short its about a 20m run so it wasn't cheap.
gotoPzero said:
I am not entirely sure who owns it. The management company say I own it. There is a concrete edging stone which IMHO is the edge of my property - the fence is on their side of the stone. But thats not my worry really its more if the fence comes down on my car!
If thats the case then surely they should keep the area maintained as to prevent damage to peoples property?
Also is it ok for me to hack at other peoples property?
Normally there is a T mark on a boundary, indicating who is responsible for its up keep. I can’t remember which way the T has to face to indicate the responsible property owner.If thats the case then surely they should keep the area maintained as to prevent damage to peoples property?
Also is it ok for me to hack at other peoples property?
See
https://www.land-search-online.co.uk/information/t...
Whether it clarifies anything, I’m not sure.
Vasco said:
You need to check the land registry plans.
That's a start, but they tend not to define things to the nearest inch.A mate of mine had an issue years ago with built-up soil and plants against his garage wall.
His garage was actually inside the boundary by 6 inches or a foot. He had to clarify this, then clear his little strip of land, then get his neighbour to keep their crap off of it.
Chozza said:
If It's your fence and your garage wall as you have described then it's your responsibility.
You might have to access the common area to carry out some maintenance, but since it's a common area this doesn't appear to be a problem.
But its not my property?You might have to access the common area to carry out some maintenance, but since it's a common area this doesn't appear to be a problem.
Plus I would be cutting down plants that are not mine?
E-bmw said:
Vasco said:
You need to check the land registry plans.
Is the right answer.They are downloadable online for just a few £ it will also give you a full magazine of ammo if it is theirs, so nothing to lose.
I guess the fence could still be mine? Who knows its all getting complicated!!
I have a pic let me dig it out.
Cant find the document with the red line just to hand mrs has filed it away somewhere but here is a plan showing what its like.

Here is a photo from a while ago showing where the fence was. Today its about 3-4 inches past the grey concrete line bulging outwards. Its dark now so you will have to use your imagination!

Here is a photo from a while ago showing where the fence was. Today its about 3-4 inches past the grey concrete line bulging outwards. Its dark now so you will have to use your imagination!
Reality is the management company will have no interest in it as its a hassle and expense and who is going to pay them to do it. I would get over the other side of the fence and clear a foot or two. If worried about it email them first and say you need to do maintenance on the fence which will involve clearing a 2 ft path behind it asking them to object if they mind. They won't so do it. Once done keep it clear
Silvanus said:
MustangGT said:
Ownership of a fence is normally easy, the owner has the 'wrong' side on their side, the 'good' side is facing the neighbour.
nope, not a particularly good way of determining the ownership of a fence, I know of plenty of cases where that isn't true.Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff


