Fence/boundary question

mrschaucer

Your Local Authority will have a Planning section on its website and you can search for planning proposals/permissions etc by address. If not, call in on the Planning Office and ask to see all information on that address's file - maybe phone first and make an appointment so that they can get the file out? Or if you live a long way away, see if you can sweettalk them into looking for you if you are after something so specific. Have to say, the internet route is easiest!

Land_Registry

Issues surrounding boundaries and fences can be notoriously difficult to resolve unless neighbours are able to communicate successfully and talk things through.

We produce a Public Guide 19 - Title plans and boundaries explained to help understand the basics around the information which can appear on the land register for registered titles.

We also produce FAQs on boundary questions

The important thing to remember is that no one registered title is ever the same re such things so it is always important to consider not only your own title but also that of your neighbour as the starting point.

If the title contains information re the responsibility for boundaries then it is also important to understand the wording used and it's legal impact. Any enforcement of such matters would rest with the courts and not Land Registry, the Local Authority or any other authority should either party wish to pursue the matter to a legal conclusion.

Pursuing such matters through the court can be very expensive and this is something which both sides should be aware of and something which can often influence decisions taken by neighbours as a result.

This is though the end resort and fortunately you appear to be only too aware of the other neighbourly factors which can also come into play at such times.

I cannot comment on individual titles/properties and Land Registry cannot advise on specific boundary disputes.

As such I, like Mojisola above, would be very suprised if we had told your neighbour that through their own actions that they now had responsibility for the fence on the boundary - their registered title may well refer to their own responsibilities in the same way as yours. If the properties were developed/sold by the same builder then it is quite posisble that the boundary responsibilities would have been allocated in a sequencial fashion but there is no hard and fast rule to this

If doubt exists then check the titles to be sure. If the information conflicts then contact our Customer Support Centre to query this and ask them to investigate/confirm

Any discussions between Land Registry and title owners around boundary issues should be limited to the registered details only and what we provide in our online guidance.

There are, and this is not meant in any flippant way, a minimum of two sides to every boundary issue which, from your own posts, you clearly already appreciate. Other factors can also come into play when trying to seek a solution and often communicaiton and compromise by both sides can resolve such problems.

The online guidance will confirm your own understanding and may also help your neighbours as well.
Issues around planning should be raised and discussed with the Local Authority.

I hope you and your neighbours are able to resolve the issues amicably

Leif

Land_Registry_representative wrote: »

Pursuing such matters through the court can be very expensive and this is something which both sides should be aware of and something which can often influence decisions taken by neighbours as a result.

My late mother had a dispute with neighbours who comissioned a boundary survey, then withheld the results as they went against their claims. They re-opened the dispute after her death, I forced them to share the survey, but they moved the fence taking some of mum's property while the sale was in progress. The solicitor was useless, except at making himself a tidy sum. Anyone in this position is best to avoid solicitors, they only have one aim, to make money. My solicitor had a client who had paid £50,000 in fees over a boundary.

Land_Registry_representative wrote: »

As such I, like Mojisola above, would be very suprised if we had told your neighbour that through their own actions that they now had responsibility for the fence on the boundary - their registered title may well refer to their own responsibilities in the same way as yours. If the properties were developed/sold by the same builder then it is quite posisble that the boundary responsibilities would have been allocated in a sequencial fashion but there is no hard and fast rule to this

Thank you very much.

I showed my neighbour my deeds, and he seems to accept that I am responsible for the boundary. I'm trying to be as helpful as I can over his blocked drain. I excavated my side, and he helped me remove a holly stump on my land, so he can put in new pipe.

Leif

mrschaucer wrote: »

Your Local Authority will have a Planning section on its website and you can search for planning proposals/permissions etc by address. If not, call in on the Planning Office and ask to see all information on that address's file - maybe phone first and make an appointment so that they can get the file out? Or if you live a long way away, see if you can sweettalk them into looking for you if you are after something so specific. Have to say, the internet route is easiest!

Thanks. I honestly cannot see myself making a fuss over the decking, due to the animosity it would create. There is a 4m gap to fill and I have a Camellia, and might get a flowering quince too.

krlyr

How about some screening? You could put some thin posts in to attach it to rather than do anything to their fencing, but you won't lose as much space as putting your own fencing up. It's what we're going to do on the side of our garden that isn't ours to fence, as their existing fencing is too low to secure our dogs.

Leif

krlyr wrote: »

How about some screening? You could put some thin posts in to attach it to rather than do anything to their fencing, but you won't lose as much space as putting your own fencing up. It's what we're going to do on the side of our garden that isn't ours to fence, as their existing fencing is too low to secure our dogs.

I am toying with the idea of some winter jasmine for part of the gap. But I think a couple of bushes is best, they'll add interest - leaves and flowers - and keep the dicky birds happy. I wouldn't want to upset the sparrows.