Boundary fence and land registry title plan

fizzywoo

I'm feeling confused and internet research hasn't really helped - so I'm hoping that a knowledgeable person on the MSE forum can help!

We have new neighbours who have moved in next door. We know that there is work to be done on the garden fence. I have looked on the title deed as I understood that this would inform us of who is "responsible" for maintainence/repair! I have read much today about boundaries being marked with a letter T or H, however, the only symbol on our title plan is a long S symbol!!

We're happy to accept responsibilty for the fence if it is "our's" - however, given the current economic climate (I have recently been made redundant) if we can share the responsibilty then that's obviously preferable.

If anybody can shed light on the long S symbol I would be most grateful!

Thanks!

grizzly1911

In al the properties I have been in we have always been responsible for the right hand side, looking at the house from the road.

Usually a marker such as T/H and it's meaning would be described in the original document subdividing the land.

Fraggle25

If you still have letters from solicitor from when you purchased the house take a look at those. It's often one of the questions the previous owner would have been asked, i.e. who is responsible for each boundary. If not then your new neighbours' solicitor may well have asked the previous owner of their house.

keystone

The "right hand fence" rule is one of the oldest old wives tales in the book. There is nothing (absolutely squat diddley) enshrined in law that makes it so.

The T on a boundary on a title plan means you are responsible for the maintenance of the boundary. That is not the same as being responsible for the maintenance of a fence. If you (or your neighbour) want to erect a fence you must do it on your side of the boundary not on the boundary.

LR title plans aren't accurate to more than 6" either way BTW.

Cheers

keystone

fizzywoo wrote: »

If anybody can shed light on the long S symbol I would be most grateful!

and now to be flippant. "here Be Snakes".

Cheers

ormus

keystone wrote: »

The "right hand fence" rule is one of the oldest old wives tales in the book. There is nothing (absolutely squat diddley) enshrined in law that makes it so.

The T on a boundary on a title plan means you are responsible for the maintenance of the boundary. That is not the same as being responsible for the maintenance of a fence. If you (or your neighbour) want to erect a fence you must do it on your side of the boundary not on the boundary.

LR title plans aren't accurate to more than 6" either way BTW.

Cheers

absolutely correct.

my deeds show the house plan on an A4 sheet of paper.
if anyone can decide the boundary to the nearest foot, they are a better man than me.


ps
maintenance of a boundary is just that.
no deeds ever say what sort of fence is required. (or even a hedge).
3 bits of wood and some barbed wire is a fence.

Gloomendoom

ormus wrote: »

absolutely correct.

my deeds show the house plan on an A4 sheet of paper.
if anyone can decide the boundary to the nearest foot, they are a better man than me.

Mine are the same, with the boundary drawn with a marker pen. Scaled up to full size the boundary line is at least a yard wide.

Mojisola

ormus wrote: »

maintenance of a boundary is just that.
no deeds ever say what sort of fence is required. (or even a hedge).
3 bits of wood and some barbed wire is a fence.

Some do. Ours say we have to maintain a stock-proof fence.

ukjoel

ormus wrote: »

absolutely correct.



maintenance of a boundary is just that.
no deeds ever say what sort of fence is required. (or even a hedge).
3 bits of wood and some barbed wire is a fence.

Ours stipulate both height (4ft) and material (japanese larch).

Funnily enough I checked it last week and its 5 ft and treated pine (and apparently has been for the last 10 years) so I am feeling quite the rebel.

Mojisola

ukjoel wrote: »

Ours stipulate both height (4ft) and material (japanese larch).

Funnily enough I checked it last week and its 5 ft and treated pine (and apparently has been for the last 10 years) so I am feeling quite the rebel.

That's very restrictive!

That is the other thing about stipulations in the deeds. If we don't adhere to them, who is likely to cause problems for us?

Biggles

As you are asking about maintenance of an existing fence, the usual clue is whether the supporting posts are on your side or your neighbour's side.

If they are on your side, the fence would have been erected by the previous people at your house, and the fence would therefore belong to you. But that wouldn't prove anything about the legal obligation to provide a fence. It would just mean that it was up to you to decide whether or not to repair it.

If it turned out to be your legal responsibility, you may choose to repair it or replace it.

If the legal responsibility belonged to your neighbour, you could decide to do nothing and to wait till your neighbour put his own fence up.