Sometimes there is a need to know about the owner of a fence. Understanding fence ownership is very important. But the process to know who owns a fence is confusing. That’s why we will give the answer of how do you know who owns a fence. Let’s Gooooooo,,,,,,,
How do you know who owns the fence? You or your Neighbor?
Yes, it’s a common question and we are facing this fence ownership problem while living. When you are living alone in a house with a big or small rounded fence, it’s obvious that all the fence is your own and you are the owner or take responsibility to take care or repair.
But it’s a problem when you live with your neighbor and share the fence with them. Then come to the question, Which fence part is mine? Whom to repair the broken fence? Which side is good or bad? What is the Law about this ownership or more about those? We will discuss all those problems, I think you will be acknowledged with proper guidelines and have to make the right decision about the fence problems.
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When Your and your Neighbor’s boundaries are the Same
When your property boundary is gone and survived well, it will be no problem to identify the ownership of the fence. For accuracy and surviving your property, you can help with Your region’s Map or hire any survivor to accurately map your property. But when everything is good, and you know your accurate property boundary, then the fence stands in both boundaries between your neighbor, how to decide and how to take care of this fence, you our the neighbor?
Yes, when the fence stands 50/50 share between you and your neighbor, what will be the decision for repairing and taking care? Please understand it rarely, when both you and your neighbor own the fence 50/50 share, that’s why not taking responsibility for both of this fence. Yes, you have to take responsibility for both yourself and your neighbor as well.
When the fence is broken, you and your neighbor will take both, not only one side that makes it. But the problem is that, suppose your garden is closely related to this fence and you take more effort to make a garden or any task. Meanwhile, your neighbor doesn’t take any heavy effort into this fence. It’s common sense, what’s the decision for repairing part? Yes, you have to take more responsibility than your neighbor. Because your work and heavy tasks are on this fence then your neighbor.
More tasks, more effort, more uses for more responsibilities. If you are living according to civilization, you have to obey these rules.
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When you don’t know the actual problem with the Fence?
One Fence, that stands on both sides of your property line and also your neighbor’s. Suppose your neighbor threatens you or quarrels with you about the fence. What should you do about this?
For this, you have to check first your deeds of the property line. There are a few methods for searching your boundaries that you should study.
- Find out the documentation where your area begins or ends. Take the right document for the proper evidence for making a decision. This documentation will be outlined for actual mapping.
- Once you will make all the evidence with documents, then you can say which part of this fence belongs to you.
- For any reason, your deeds of a property line can be outdated. For the actual location, you can search it at the Land Registry Office.
How to search the proper documents at the Registry Office for located the deeds of the property.
ROD- The Registry of Deeds usually contains the record of your land deeds. In a deep learning process, in which lands are not registered, those parts are kept in ROD. You can easily identify which lands are still unregistered, maybe your neighbor is using your property without any recognition. You should know, that the unregistered land will not record in Registry Land, but ROB maintains all.
AXA Insurance said about the deeds of the property line, “If you want to know about your property line that is unregistered, you have to search records between 1923 and 1989, in the Public Record Office of Northern Ireland. In January 1990, all records were computerized. So for any error, you have to visit a land and property customer information center to access your property deeds line”
Knowledge about Title Plans of ‘T’ marks to get Fence Ownership
If you notice the Title Plans features, you understand and this is one of the easiest ways to identify which fence belongs to which neighbor. Title Plans take a feature of ‘T’ marks which indicate which fence belongs to which neighbor. If the ‘T’ marks stand on your property line, you are the owner of the Fence and you have to take all liability for all maintenance. If the ‘T’ marks stand on either side of the property line, it means both boundaries, so both you and your neighbor must take all responsibility for all liability.
According to AXA Insurance about ‘T’ marks for a located property of fence ownership, like that –
“If ‘T’ marks on one side of the boundary, it indicates that the person on that side is responsible for the fence.
If ‘T’ is marked on both sides, responsibility is shared between both neighbors”
This is the most important point when there are no Title Plans ‘T’ marks, for solving the issue for ownership or responsibility should be shared with both side neighbors or assumed on the defending on the heavy tasks or maintaining liability cost.
How do you know Who Owns The Garden Fence?
Anyone can say, the fence is mine, or on another side, the neighbor can say, ‘no, this fence is mine’. When you will go to the legality or documentary to look for the actual owner of the fence, then it will go a very long far distance and it can be possible. But there is no legal obligation to fence off the boundaries of your home to take evidence or show property deed lines. But the law works in a different position when it will be necessary to protect civilization.
- The law was registered in 1980, when your house or building is adjacent to a highway, road, construction, or around a flooded area, you can put a fence there.
- In the Mines and Quarries Act 1954, when your house stands next to a mine or gas mine, you can put a fence next to the mine or around the quarry area.
- Animal Act 1971, Put fences to protect your livestock from avoiding their fields.
- Railway Consolidation Act 1845, when your house is next to the railway, you can put up a fence to protect your safety.
Although those acts or obligations are registered for big and essential reasons, for privacy, fences are a must for who they want.
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What is the simple solution to fence ownership?
You can hire a disputes expert for mapping or everything related to documentation and law effort. The surveyor checks the property deeds line and makes sure what to do for the next steps.
- First, you have to make sure, where is your property line standing? For that, you can look at your property paper or visit the Registry land office.
- The second step is to check the local law about the fence height, area, size, etc. Make sure your fence is not violated.
- If your fence complies with all regulations, then you can go to your neighbor for a decision or permission.
Laws in Florida about Property Line and Fence
Under Florida law, there is no obligation to put a fence around the owner’s field or land field. If any owner wants to put a fence, he/she can but the opposite party will not be responsible for this. If the neighbor will agree to take the cost in advance, it’s possible. Otherwise, you can’t talk to him/her for any kind of reliability. If you agree to put a fence with your neighbor partnership, you have to take some documentation for a better future-
- Take your neighbor’s signature of arguments.
- Clear map or location where the fence will be set up.
- For responsibility for both parties to build and maintenance costs.
- At least take two or more neutral witnesses for proper leading systems.
How do you know Who owns the fence between two yards?
Under Minnesota law, the fence is owned between two yards, both neighbors are in. Also, all costs and maintenance responsibilities have to be taken equally. If you think you will be the owner of this fence, you can hire any disputes expert or contract with your local law govt. Office with taking proper documents.
Frequently Asked Questions
Sometimes jointly and sometimes remotely. But at the time of fence maintenance both are responsible.
Yes, you can paint your side of your neighbor’s fence. In this case, it does not matter who owns the fence. You can do any on your side.
Can I force my Neighbour to repair fence?
You can force your neighbor if there is any safety problem on their side which can bring danger for you.