HOMEOWNERS are being urged to check their property deeds to avoid not-so-neighbourly disputes.
It comes as a homeowner queried if he can make his neighbour pay for fence repairs that cross onto their property.
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Disputes over fence repairs are a common gripe between neighbours that can turn nasty and even end up in court.
One homeowner revealed last month how a neighbour-from-hell built a 3ft fence on a shared driveway.
Fence repairs can cost more than £900 on average, according to Checkatrade, or £1,750 for a replacement.
That makes it important to understand who is responsible for repairs when a fence is damaged and needs replacing or fixing.
The issue was raised in The Times when a reader asked if they can make a neighbour pay for the cost of fence repairs.
The homeowner said she is responsible for fixing the fence, but it goes onto her neighbour’s land so she wants him to pay half.
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A solicitor from Ramsdens said it is still the homeowner’s full liability if she is responsible for the boundary and fence.
So what are your rights when it comes to fence disputes?
There a plenty of assumptions when it comes to who is responsible for fence repairs.
Some say a homeowner is responsible for the fence on the left side of their garden, or that you give the neighbour the good side of the fence when installing it.
But Joanne Ellis, partner in the dispute resolution team at solicitor Stephensons, said these sayings are myths and legal responsibility can vary.
She said the first step is to check your property deeds, which you can purchase from the Land Registry website for £7.
This will show the layout and boundaries of the land you own.
It may also have a T mark that shows which fence side is yours to maintain.
Ellis said: “The deeds are the key thing to check
“Some deeds may say what height a fence needs to be and who owns it.
“If there is nothing to go on, then you have to start looking at who put the fence up.
“There are certain assumptions such as if the material or features are the same as something else on your property.
“A property information pack may even show who owns the fence when you first move in.”
If a homeowner is responsible for a fence, she said, that would suggest they have to fund the full repair costs even if it goes onto a neighbour’s land.
However, Ellis said they may have to share costs if the neighbour had made changes to their land that impacted the fence.
She said it is best to try to resolve disputes amicably as it can be costly to use a solicitor.
Ellis said she has seen boundary disputes go to trial, which can cost £40,000 to £50,000.
To avoid that, you may be able to get the your local council to solve a dispute or use a mediation service.
There may still be a fee but it will be cheaper than using a solicitor.
Ellis added: “Neighbour disputes are stressful and costly and can take years to sort out if you can’t find a resolution.
“If you can come to an agreement, then it doesn’t really matter what the legal position is.”
Driveway disputes are another common area for arguments between neighbours.
We reveal your rights if someone parks over your driveway.
Plus, do you have a right to park outside your own home?
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