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Any Legal eagles around, please?

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Comments

  • mpython
    mpython Posts: 3,677 Forumite
    1,000 Posts Combo Breaker
    Zebidee, yes, many deeds do not detail who owns boundary walls, or whose responsibility the upkeep is. Also, as Paddy's mum says, the deeds will show the 'imaginary' line of the boundary.

    If there is an absence of clarity in the deeds, then one way to establish responsibility is to look at the evidence of the surrounding plots. So in a row of terraced houses one of the ends will have fences on both sides, whereas for the rest of the houses in the terrace they will just have one fence (its easier to draw than describe). If someone in the middle of the terrace decides they want the other fence on their garden as well, you can argue that they rest of the fences in the terrace fall the other way.

    That said, there is nothing to prevent you from putting up fences to the inside of the boundary line, so you get the situation where there are actually 2 fences on the boundary.

    As I understand the Changra's case though, there is an existing boundary wall so my suggestion is to establish who owns the boundary wall first. If Changra wins this dispute, however, there is nothing to prevent their neighbour from erecting a second fence inside her boundary (aside from usual planning & conservation regulations).
    From MSE Martin - Some General Tips On Holiday Home Organisations and Sales Meetings

    DO NOT TOUCH ANY OF THEM WITH A BARGEPOLE!
  • changkra
    changkra Posts: 635 Forumite
    Part of the Furniture 500 Posts Combo Breaker
    Yes it is my wall, thank you.
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