who owns boundary fence scotland

Gates fences walls or other means of enclosure

Alternatively if replacing a 0.8 metre high fence forward of the principal elevation it can be replaced by with a fence up to 1 metre in height. 4.121 Planning permission is needed for gates fences wall or other mean of enclosure in conservation areas and in the curtilage of listed buildings .

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Maintenance Mode - Scots Law Scottish Law Law in Scotland

Administration Login: Our Forum is currently in Maintenance Mode! We are currently reviewing the forum and may not return online. We would like to apologise for the inconvenience and thank all users who have contributed over the last 20 years.

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If you disagree with your neighbour about a wall or fence ...

If you own the wall or fence. Look at the legal documents for your home. They might say you have to keep the wall or fence that you’re disagreeing about in a good state of repair. You should also check if the wall or fence is safe - if it isn’t your neighbour or the council could take action against you.

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I'm in Scotland. A boundary fence erected by my neighbour has ...

I'm in Scotland. A boundary fence erected by my neighbour has been blown down in the gales. I'm uncertain whether the costs of repair should be halved or if she is liable having erected the fence. Looking at our houses from the road the fence is at the left of her property and the right of mine.

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Boundary walls & fences: The responsibility of property ...

Boundary walls and fences designate the responsibilities relating to the adjoining properties. Without proper boundaries neighbouring properties face encroachments such as overhanging branches structures and tree roots. The nature of a boundary wall is determined by its location on the boundary line between two properties.

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A Guide to Garden Fence & Boundary Ownership

Boundary fences should be the responsibility of both neighbours. Application for a Boundary. It is everyone’s wish to live in a neighbourhood with friendly people. If you live in such a place resolving small issues such a who owns the fence separating your property shouldn’t be a big issue.

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Ownership of boundary fences - InBrief.co.uk

However whilst it is customary to construct a fence in such manner the position of the fence posts do not dictate who is legally responsible for the fence. It is also a common misconception that a property owner owns the boundary on the left hand side of their property (as you look at it from the street).

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How do I discover who owns a boundary fence wall or hedge ...

Where a fence or hedge has an adjacent ditch the ownership boundary is the edge of the ditch furthest from the fence or hedge. The presumption being that an owner digging a boundary ditch will normally dig it up to the very edge of their land and will pile the soil on to their own side of the ditch to avoid trespassing on their neighbour's land.

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Build a gate fence or wall around your house - mygov.scot

Under permitted development your gate wall or fence can be up to 2 metres in height as long as: it's not facing a road; it does not come any further forward than the 'principal elevation' (the front of your house) or the side elevation (the side of your house) it's not within or on the boundary of the grounds of a listed building

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Who Owns The Fence — MoneySavingExpert Forum

The boundary is an imaginary line that divides your property from your neighbour's. You are at liberty to put a fence your side and he is at liberty to put a fence his side. The owner of the fence is the one who put it up. In newbuild developments the T mark does give some indication of the maintenace responsibilities.

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How to deal with boundary disputes – Which? Gardening Helpdesk

1 If it's a fence then usually the back of the fence faces the owner. The 'back' is the side with the posts. 2 If it's a hedge and ditch then these belong to the land on the hedge side – ie the far side of the ditch is the boundary. 3 If this doesn't help 'acts of ownership' come into play. Q My neighbour owns the fence between us. It’s ...

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Boundary Dispute: Responsibility for Maintaining a Boundary

Although the law on boundary walls/fences is relatively straight forward the issue of ownership or maintenance in practice is sometimes a difficult and sensitive issue. A seemingly minor disagreement can quickly become a full-scale boundary dispute involving solicitors? letters and threats of court action.

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Fencing Laws and Your Neighbors: FAQs - FindLaw

Boundary fences or division fences must conform to fencing laws established by local ordinances and CC&Rs. Both property owners own the fence erected between the property lines when both use it. Every state interprets "use" differently.

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Who owns a boundary fence in Scotland..? Does both parties ...

If the fence is constructed along the boundary it is owned jointly and it is not relevant who paid for the fence although whoever did can claim half the cost assuming it was agreed that a new fence was to be erected.

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Fence Boundaries - Dispelling The Myths of Ownership Disputes

Fence Boundaries – The Ownership Myth. It is worthwhile dispelling a few legal myths about fence boundaries. There is no convention whereby a house on the left owns one boundary and the house in the middle owns the other and the house on the right owns another boundary.

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Rules for fences on boundaries

Boundary fences can cause much dispute and debate between neighbours. Knowing the rules and regulations for fences on boundary lines can help keep the peace. Before you erect any fence you should confirm your exact property boundary lines.

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Garden Fence Boundaries - Land Search Online

Garden Fence Boundaries are often determined by examining the type of fence and its location and applying Common Law boundary presumptions fencing protocols and/or building conventions i.e. by firstly determining the physical boundary and then by looking at the legal boundary in the documents registered at the Land Registry.

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Boundary disputes - Shelter Scotland

A physical boundary is what's actually on the ground and what you can see. For example a physical boundary could be a fence hedge or maybe a road or pathway. A legal boundary is what is described in your title deeds or tenancy agreement. A legal boundary could be marked or described on the legal documents for your house.

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Property boundaries - Registers of Scotland

Accurate boundary information can help resolve disputes about: who owns a piece of ground; who is responsible for maintaining boundary features; We recommend that you take legal advice if you consider there to be any problems with your boundaries. Where to find your boundaries. You can search the land register by postcode or by map.

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Fence Disputes: Do You Know Who Owns The Fence Between Two ...

The most convenient way to uncover who owns the fence between two neighbouring houses and the legal owner of the barrier is with a transfer title plan or conveyance deed. If you can’t locate it in writing look for the T-mark on these documents which if positioned on your side of the fence indicates right of possession.

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Your property boundaries: Apply to record the exact boundary ...

You can apply to have the exact boundary between your property and your neighbour’s recorded. This is known as applying for a ‘determined boundary’. You can only do this if your property is ...

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I put up a fence on the boundary between mine and my neighbours

No a boundary fence once in position is In joint ownership irrespective of who paid for it. In any event you don't have a right of access to their garden to paint the fence. The fence is in common ownership if it's on the boundary. I hope this helps. Please leave a positive response so that I am credited for my time.

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Boundary and garden disputes - Citizens Advice Scotland

Shared walls or fences. To know who can use or repair a barrier you need to find out who owns it. The property documents or title deeds might say who owns a barrier and who is responsible for repairing and maintaining it. If you don’t already have them you can order property documents on the Registers of Scotland website.

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FAQ Series: Which Boundary Fences and Walls Do I Own?

Q: I am moving into my house and want to know what fence I own surrounding my house. My parents have told me that every house owns the fence/wall on the left. Is that correct? A: It is a common misconception that a property owner automatically owns the boundary on the left (as you look at the property from the road).

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Property Line and Fence Laws in Montana - FindLaw

It is the residential property owner's responsibility to fence their property boundary if they don't want livestock from the open range wandering onto their property. Even if you don't live on the open range fences in Montana are the subject of detailed rules that define how neighbors are to handle their shared property line.

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Property Boundaries

The Physical Boundary. Physical boundaries are identified on the ground and on maps and deeds by using physical features such as fences walls ditches rivers hedges etc. Unlike a hypothetical line such features in actuality have thickness. In the case of fences walls and hedges their thickness will change as they grow.

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Who Owns Your Fence? Boundary Rules And Dispute Exposed In The UK

Fence ownership rules can become a little complex. When the person initially sells the land and the properties on it they break up the area and boundaries which is why the official rules about who owns which fence side will be on your deeds. As a rule your fence will 99% always be on the left side looking into your garden from your backdoor!

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Boundary Disputes Knowing Where to Draw The Line for Fencing ...

The ‘T’ will be drawn on the land of the party that owns the boundary feature with the base of the ‘T’ touching the line that represents the feature. It is not true that every house owns the fence on its left side as you look at it from the street.

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A guide to fence ownership and responsibilities - Checkatrade ...

Boundary fence ownership at a glance. Before we examine fence ownership rules you should first obtain a title deed of your property. This document does not cost very much and it can be obtained through the Land Registry. The plan will clearly outline the boundaries around your property. You may also notice a “T” on one side of the border.

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Which fence do we own? - Land Search Online

In England and Wales there is no presumption that a person owns or must maintain a fence or other boundary barrier on the left or on the right. Ownership of the boundary is normally determined by the builder who erects the buildings. Modern buildings will usually have a detailed Transfer Deed that specifies ownership of the boundary fences. More often than not however it will be necessary ...

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Who is Responsible for Cutting Boundary Hedges Between ...

The ownership of the boundary hedge itself is defined by where the main trunk is growing at. An owner of a hedge is responsible for it not damaging their neighbour’s property. If for example your overgrown hedge is pushing on your neighbour’s fence and eventually damages it you will stand liable. You do NOT have to cut your hedge on your ...

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Drawing the line on boundaries - HM Land Registry

I often get asked questions about boundaries and they tend to be some of the hardest to answer. A boundary feature can be a fence wall hedge ditch piece of wire or sometimes even just the edge of a driveway. They can be the cause of heated debate and trigger arguments between neighbours sometimes over just a few inches of ground.

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