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  • FIRST POST
    • user18
    • By user18 5th Feb 18, 7:52 PM
    • 16Posts
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    user18
    Silent deeds on boundary
    • #1
    • 5th Feb 18, 7:52 PM
    Silent deeds on boundary 5th Feb 18 at 7:52 PM
    I am in the process of buying a property and the deeds seems to be silent on ownership of boundary I.e 'T' is absent. How should I go about finding out who is responsible for maintenance of which fence?
Page 1
    • silvercar
    • By silvercar 5th Feb 18, 7:56 PM
    • 36,668 Posts
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    silvercar
    • #2
    • 5th Feb 18, 7:56 PM
    • #2
    • 5th Feb 18, 7:56 PM
    Ask your seller, or more correctly ask your solicitor to enquire.
    • G_M
    • By G_M 5th Feb 18, 7:58 PM
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    G_M
    • #3
    • 5th Feb 18, 7:58 PM
    • #3
    • 5th Feb 18, 7:58 PM
    Very few Title Plans show this.

    * ask the neighbours
    *ask the pevious owner
    * see who owns the ccorresponding boundaries in neighboring proprties - sometimes in a road, each house owns the left (or right)-hand boundary
    • user18
    • By user18 6th Feb 18, 8:07 AM
    • 16 Posts
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    user18
    • #4
    • 6th Feb 18, 8:07 AM
    • #4
    • 6th Feb 18, 8:07 AM
    My solicitor has informed me that the seller has confirmed that the boundaries to the right when looking at the house have been regarded as the seller's responsibility. Is this sufficient?
    • Doozergirl
    • By Doozergirl 6th Feb 18, 8:11 AM
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    Doozergirl
    • #5
    • 6th Feb 18, 8:11 AM
    • #5
    • 6th Feb 18, 8:11 AM
    Of course. Of all the houses we have owned, I cannot think of one that had that magic T on it.

    The obligation is to mark the boundary, not to pay for or maintain fences unless it is actually specified. The fence belongs to whoever paid for it.
    Everything that is supposed to be in heaven is already here on earth.
    • Davesnave
    • By Davesnave 6th Feb 18, 8:20 AM
    • 24,264 Posts
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    Davesnave
    • #6
    • 6th Feb 18, 8:20 AM
    • #6
    • 6th Feb 18, 8:20 AM
    My solicitor has informed me that the seller has confirmed that the boundaries to the right when looking at the house have been regarded as the seller's responsibility. Is this sufficient?
    Originally posted by user18
    Sufficient for what?

    As has already been explained, it's quite unusual for title documents to mention responsibility for the upkeep of boundaries. If it's a fence and the vendor says they have been painting it, then that might be a good indication of what's been agreed, but it's no more than that.

    A fence belongs to whoever erected it.
    'A society grows great when old men plant trees whose shade they'll never sit in.'
    • Alter ego
    • By Alter ego 6th Feb 18, 8:35 AM
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    Alter ego
    • #7
    • 6th Feb 18, 8:35 AM
    • #7
    • 6th Feb 18, 8:35 AM

    A fence belongs to whoever erected it.
    Originally posted by Davesnave
    Pedantic maybe, but a fence belongs to whoever paid for it.
    Ignore me if you like, it's not the real me anyway.
    • davidmcn
    • By davidmcn 6th Feb 18, 9:30 AM
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    davidmcn
    • #8
    • 6th Feb 18, 9:30 AM
    • #8
    • 6th Feb 18, 9:30 AM
    Pedantic maybe, but a fence belongs to whoever paid for it.
    Originally posted by Alter ego
    A fence belongs to whoever owns the ground it's been plonked in, surely?
    • Owain Moneysaver
    • By Owain Moneysaver 6th Feb 18, 10:06 AM
    • 7,768 Posts
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    Owain Moneysaver
    • #9
    • 6th Feb 18, 10:06 AM
    • #9
    • 6th Feb 18, 10:06 AM
    A fence belongs to whoever owns the ground it's been plonked in, surely?
    Originally posted by davidmcn
    Fences are not always located on boundaries, sadly.
    A kind word lasts a minute, a skelped erse is sair for a day.
    • PasturesNew
    • By PasturesNew 6th Feb 18, 10:09 AM
    • 61,577 Posts
    • 360,581 Thanks
    PasturesNew
    It all depends really on whether you see a problem with any of the boundaries.

    If there were no T present I'd assume none of them were my boundary to maintain.... and I'd think about where I might wish to install my own/additional boundary at that point, touching the neighbours' boundaries.

    If there's a boundary that makes you be a bit worried about it - location, size, condition, then you might have to dig a bit further and download the adjoining properties' boundaries to see - and/or go bang on a neighbour's door to ask them their take on it.
    • G_M
    • By G_M 6th Feb 18, 2:44 PM
    • 43,204 Posts
    • 50,770 Thanks
    G_M
    A fence belongs to whoever owns the ground it's been plonked in, surely?
    Originally posted by davidmcn
    So when I plonk my car in a private car park, the car park ownergains ownershipp of my car?

    Ownership is not dependant on location.
    • davidmcn
    • By davidmcn 6th Feb 18, 2:56 PM
    • 6,801 Posts
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    davidmcn
    So when I plonk my car in a private car park, the car park ownergains ownershipp of my car?

    Ownership is not dependant on location.
    Originally posted by G_M
    There's a difference between things which are moveable and things which are concreted into the ground. That's why you don't have to specifically convey each and every component of your house and garden.
    • kingstreet
    • By kingstreet 6th Feb 18, 3:52 PM
    • 32,890 Posts
    • 17,724 Thanks
    kingstreet
    There are no T Marks on title plans.

    If you can get hold of a copy of an earlier transfer, you might have a chance.

    I've had the same happen recently. Nothing on the title plan, but fortunately, there's a transfer on file for the first phase of the estate from 1994 and all the T marks are on each plot.
    I am a mortgage broker. You should note that this site doesn't check my status as a Mortgage Adviser, so you need to take my word for it. This signature is here as I follow MSE's Mortgage Adviser Code of Conduct. Any posts on here are for information and discussion purposes only and shouldn't be seen as financial advice. Please do not send PMs asking for one-to-one-advice, or representation.
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