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Ownership of Boundary Fence

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  • Ownership of Boundary Fence

    We have obtained planning permission to build a ground floor kitchen extension to the house we have recently bought. The extension is within the permiteed levels for a ground floor extension and the planning permission was not objected to.

    We now have a problem with our neighbour in that he refuses to agree to us taking down two panels of the boundary fence whilst the extension is built, even though we have agreed to put the fence back once the abbuting wall hs been built. The plans clearly show that the wall will be inside the boundary between the properties completely on our land.

    As far as I can see the land registry details I have for my property do not show ownership of the fence. The nehibours on the other side are adamant that the fence between us and them is owned by them, the fence on the right as you face the property. They have also told me that the fence in question, on the left as you face the house, was paid for just before we bought the house by the then owners. All the fastenings for the fence in question are on our side of the fence.

    If the fence was ours I presume we would be within our rights to take the two panels in question down and just replace them with the end wall of the extension.

    We have instruted party wall surveyors but i am keen to try to understand just what rights we have in building this extension.

    Any help would be appreciated.

  • #2
    Re: Ownership of Boundary Fence

    In the Property Information Form completed by the seller the fence in question, on the left as you face the property, is clearly identified as being our responsibility.