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In many jurisdictions this is referred to as a partition fence which is loosely defined as a fence located on the division line between two adjoining properties. Determine on whose property the fence lies.
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Most likely due to the precedent based legal system in the uk there isn t a strict law regarding the boundary between two properties be it a fence or a hedge in terms of whose responsibility it is to install repair or maintain it. Your city should have guidelines on who owns a fence it may be in your your neighbor s deed and they are the best ones to talk to. If your fence is right on the property line between your neighbor s property and your property neither you nor your neighbor owns a side.
Along with this it s wise to agree on some nominal annual rent a dollar is quite acceptable your neighbor will pay you for the right to use the property from the encroaching fence line back to the legal boundary between the properties.
If the subject deed contains such language as thence with a fence along a fence or following a fence then it is a safe bet that the fence is the property line if the fence in question is the original fence called for in the conveyance. Fence laws vary from city to city. If the fence falls to one side of the property line it is wholly owned by the property owner whose side it s on. Also there s no set rule about whether you own the fence on the right or on the left hand side of your house.
