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howie

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Just a quicky that might help me with a bit of form filling.

How do you define which side wall in the garden is your responsibility. Is there a general rule of thumb you follow, or is it just down to individual properties and agreements.

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Hymer C 9. - 2007-10-24 7:28 PM

 

No not always so, we looked into this and ours was found to be shared responsibilty, best check with the deeds, one point we found though if there any old boundry markers there leave them don't dig them out as they can be important in the future. Carol.

I agree with Carol.

 

When we moved to our current (semi-detached) house there were fences at the front and back erected and belonging to our neighbours in the other semi. The fence was erected their side of the original boundary markers, some of which are still there. On our side there was/is shrub planting.

 

At the other side of our plot (between the two drive ways) there were shrubs planted either side of the original boundary markers. That house subsequently changed hands and our new neighbours erected fencing on their side of the boundary markers.

 

So, we have fences at both sides but ownership of and maintenance responsibility for neither.

 

Graham

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AFAIK there is no rule of thumb, that's just a myth. Check the deeds.

 

Also be aware that the owner is not necessarily the one responsible. For instance if you decided to replace a fence that was legally the responsibility of a neighbour you do own the fence but it's still his legal responsibility.

 

 

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Thanks guys. Nothing I can find in the deeds and the neighbours are not sure. This relates to the sale of my late Stepmums house and there,s no provision for a "don,t know". I,ll just put down that her house is responsible and let the new owners sort out any future possible problems. At least it will show i,m not trying to decieve in any way.
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howie - 2007-10-25 12:35 AM

 

Not allowed to put down "don,t know" Twooks. Its one of those sellers packs and they want everything sewn up tight and legal.

Seems strange that a lawyer should insist on an answer one way or the other if nobody honestly knows. I'd be inclined to put down that nobody knows and let the lawyer take responsibility for justifying anything else.

 

Graham

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These sellers packs are standard issue Graham and just part of the transaction. Could ask my solicitor to do a search for me, but bearing in mind that a "smile and a handshake" costs £25 + vat, I would rather not take up anymore of his valuable time than is absolutely necessary.
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howie - 2007-10-25 10:32 AM

 

These sellers packs are standard issue Graham and just part of the transaction. Could ask my solicitor to do a search for me, but bearing in mind that a "smile and a handshake" costs £25 + vat, I would rather not take up anymore of his valuable time than is absolutely necessary.

It's 15 years since we moved here but I do recall having to fill in a seller pack. It was in addition to the standard local authority etc searches though - which we had to pay for anyway.

 

Now I think about it there were a number of questions regarding things like wayleaves which we didn't have a clue about - and put that on the form.

 

One last point, how did you manage to get a smile out of a lawyer for only 25 quid? (lol) >:-)

 

Graham

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Four pages to get through on the questionaire ranging from the usual right of way to when was the last time you had an argument with your neighbours. Solicitors always smile when you are about to put money their way, and the same applies to estate agents. Almost £5000 for a bit of advertising and sticking a sign in the garden. :-(
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howie - 2007-10-24 7:08 PM Just a quicky that might help me with a bit of form filling. How do you define which side wall in the garden is your responsibility. Is there a general rule of thumb you follow, or is it just down to individual properties and agreements.

Go & live in a tower block howie, problem solved. lol

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howie - 2007-10-25 12:46 PM Where you been son. Couple of bob coming my way, and though you ain,t getting none any advice on how to spend it is always welcome. Think i,ll start a thread on that one. ;-)

My best friend howie (how much)sorry fingers keep slipping it's my ?0th next year you could spend it on that!!! how much did you say? oops again there off. How would you like to come for tea (with the money) sorry didn't meen that. Any chance of a sub? (not the water based one before you say it!!!) the ackers situation here is realy bad missus is leaving me dogs gone (no food) going to get evicted next week Sally Army came around Monday & said i was one of the worse cases they have come across any chance of a tenner my BEST friend you can send it by flying/walking/car/van/ect ect but not the post as i dont want it to go out of date? pretty please my best friend ps love to the wife.

Wayne, skint down & out here in eccles. 

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Sorry to hear the dogs done a runner Wayne and seeing as its coming up to Christmas have posted on a tin of winnalot. I,m afraid any further assistance will not be possible as by the time i,ve paid all the bills and legal fees i,ll be in a worse situation than you. Our only salvation is to once again walk the streets of Humberside this coming yuletide, and rely on the usual warmth and generosity of those wonderfull people to see us through another cold winter of hardship and deprivation. :'(
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Probably no 'rule of thumb' here as had been said. A possible solution may be to look at the fence posts. If they are on your side then, it's likely that your neighbour had the fence erected so it's his responsibility. This will probably only apply to older fences. Newer fences will probably have concrete posts with slot-in frames. In this case, you will have to look at your deeds. I remember reading some years ago that the fence to your right when looking out of your window, was yours.
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howie - 2007-10-24 7:08 PM

 

Just a quicky that might help me with a bit of form filling.

How do you define which side wall in the garden is your responsibility. Is there a general rule of thumb you follow, or is it just down to individual properties and agreements.

 

 

Stat doing something to it. The neighbour will soon tell you if its his.

 

 

Mick H.

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Howie, despite you mentioning the 'H' word yet again ... I'll try to help.

 

As far as I am aware, if you can get to look at the plan with the deeds, you should be able to see if there are any little sticky-out bits marked on the boundary, if there are then the side that the sticky-out bits are on is who is responsible for the boundary. We found this when we bought our rental bungalow in S****horpe, on the plan we can clearly see who is responsible for the boundary fencing etc. There is one section of fencing, however, that hasn't got anything on it and no one seems to know who it belongs to!!! As it was a new build I'm not that worried though as it's going to last a long time hopefully.

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