Viewing 19 posts - 1 through 19 (of 19 total)
  • Deeds – boundaries, fences etc
  • mrsheen
    Member

    What would I be looking for in a deed which details who is responsible for which fence or boundary?

    I’ve found title deeds on old paper which seems to talk about the land but nothing with plans of the house, driveway, fencing etc.

    Will it be explicit text saying ‘left side is neighbours, right side yours’plus a handy diagram.

    I’m guessing its all just vague?

    Mid 20th Century house.

    Thanks

    Premier Icon richmars
    Subscriber

    Yes, normally a plan with red triangles indicating who’s responsible. It’ll normally be yours if it’s just blown down!

    Premier Icon tomd
    Subscriber

    I don’t think there is usually anything explicit. My house (also 1950s) has a boundry diagram but it doesn’t help with who owns a fence and we have 5 neighbours so it is complicated. I think it’s one of those things that’s best sorted ammicably. We replaced a rickety old fence last year, arguably it was a 50/50 with the neighbour but he DGAF about the fence, so it gave me the opportunity to put up the fence exactly where and how I wanted it. He saved himself £250, but I got a nice fence with the good side facing me exactly on the 1950s boundary (the new fence had been built in 1980s about 0.3cm inside my garden to avoid removing the old 50s concrete posts). Win win.

    mrsheen
    Member

    Thanks. I’ve got a Land Registry overhead plan of the street with a red line drawn around my land. Some internet searching mentions Red Ts which sometimes show who owns what but sounds like they’re not standard judging by the following link?:

    https://www.gov.uk/your-property-boundaries

    Premier Icon footflaps
    Subscriber

    Our deeds don’t mention anything, 20 odd years ago I replaced both sides and as a result confused my neighbours on one side; who have then subsequently been replacing the ‘wrong’ side and it has been cascading down the street over the years.

    Convention is LHS as you’re looking back from the hours IIRC.

    Premier Icon thisisnotaspoon
    Subscriber

    Convention is LHS as you’re looking back from the hours IIRC.

    Ours is the opposite, but the new estate developed had to put ‘ours’ in when the previous owner sold the garden, so we get the post side. Other side is owned by the neighbor and looks on it’s last legs annoyingly. Planning to nail some trellis against it and grow some climbers to hide it.

    Oggles
    Member

    Ours are marked with a T – 1958. Previous new build development was the same.

    I recall it being on a separate drawing sheet to the land registry red plot outline, in addition to being noted in the title.

    Premier Icon sadmadalan
    Subscriber

    We were looking at our deeds when we having some work done on trees and fences. It appears that a patch of land between us and our neighbours is shown as theirs on our deeds and ours on their deeds. We’ve agreed that it is ours and we will sort it out when one of us moves!

    Premier Icon doomanic
    Subscriber

    I asked a similar question a year or so ago and never got a definitive answer from any of the documents I downloaded.

    Premier Icon dirkpitt74
    Subscriber

    We’ve got the ‘Red T’ on our plans.
    I assume if the ‘T’ is inside the boundary box then that’s you fence/responsibility.

    Premier Icon footflaps
    Subscriber

    It appears that a patch of land between us and our neighbours is shown as theirs on our deeds and ours on their deeds.

    After 12 years (IIRC) unchallenged use it becomes your through Adverse possession, makes border arguments a lot simpler, the border becomes where the fence has been.

    Premier Icon Del
    Subscriber

    After 12 years (IIRC) unchallenged use it becomes your through Adverse possession,

    Believe this legislation was superseded some years ago.

    Premier Icon noone
    Subscriber

    OP – If you have electronic copies of your title/deeds referred to, I can have a look for you. PM for email address.

    If the deeds aren’t silent on the issue then you would usually have either a party wall declaration (usually in the root conveyance) or a ‘T’ marked on the side of the boundary with the responsibility for the boundary feature

    Premier Icon breadcrumb
    Subscriber

    the new fence had been built in 1980s about 0.3cm inside my garden

    3mm ain’t bad through really is it.

    Premier Icon footflaps
    Subscriber

    Believe this legislation was superseded some years ago.

    Still applies to boundary disputes over fences….

    https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

    the squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application.

    Premier Icon uniqueusername
    Subscriber

    Echo some of the comments above, one of the documents we got when we bought mentioned which fences were our responsibility. The red lines and T’s ring s bell too.
    House built by/for council on the late 1940’s, we bought 7 years ago, third private owners.

    paton
    Member

    Drawing the line on boundaries

    On our deeds, the fence we are responsible for was indicated by T’s.  Luckily it was the shortest on the plot.

    Premier Icon molgrips
    Subscriber

    Hold your horses. The T means you are responsible for the boundary BUT unless there is a legal requirement for a fence, this means nothing.

    If you put up a fence, you can take it down, it’s yours to do with as you please. Unless specified in the deed there doesn’t need to be a fence at all.

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