Dont have to maintain either boundary , really ?

Ivana_Tinkle

We used to live in a terraced house where the deeds didn't say anything about who was responsible for the boundaries. When one of our fences fell down, our neighbour refused to do or pay anything towards the replacement, so we just did it ourselves. Then, the following year, she did the same thing when the neighbours on the other side wanted to replace the fence on their side. Sounds like your vendor has managed to pull off the same trick! Ultimately, the person responsible for the boundary is always the person who cares the most about it.

Land_Registry

There is no one size fits all scenario to boundary ownership/responsibility and not every title (register or deeds) will refer to who is responsible or who owns which side etc.

Our FAQ explains this in more detail and Lincroft1710 has summed it up neatly as well.

If the properties were built by the same builder e.g. the area was once in the same ownership before being split into plot sales then there is a good chance that they referred to such matters in the first plot sale for each property. In some cases a property could end up as being responsible for both sides based simply on their positioning in the development.

If you are just curious then have a read of the FAQ in full, check the title information again, sometimes for a document referring to restrictive covenants (if any) and also check the particulars of sale to see what the previous owner's understanding was.

Ultimately though reaching an agreement with a neighbour is often the easiest and cheapest way forward for. The available information can help inform that agreement.

Dan-Dan

Thanks all , great info , as i say , i wasnt `worried` about it ,more curious , and of course something so trivial wouldnt stop me buying the house !

zzzLazyDaisy

Also be aware that there is no legal responsibility to erect or maintain a boundary fence. It is sufficient to identify the boundary, which could be done by stringing wire between posts along the boundary, for example. If an existing fence which is your responsibility falls into disrepair it is your responsibility to ensure that it is not a danger to others, but you can do that simply by removing the fence.

Of course if you have livestock or children, it is your responsibility to ensure they don't stray onto a neighbour's land, in which case you may find yourself having to erect some sort of barrier along the boundary to keep them in, regardless of whether it is actually 'your' boundary.

Dan-Dan

I understand , so in theory , if it is `true` that one side is the neighbours and the other side is the other neighbours , it`s actually in my interests to work with them because they could just whack a wire fence up!

Dan-Dan

Well i have studied the title deeds and once i worked out what the `t` looks like , i can see quite plainly that the fence/boundary on the right of the house as you look at it from the front , has a t on it....yet so does the boundary on the left!! (although the t along the right boundary is INSIDE the propertys boundary and the T on the left hand is outside , so i presume the neighbours plan would have that T within theirs etc etc

Makes me wonder , why the vendor would say they maintained no side boundarys ! , still they have only been there under 2 years so ....

Land_Registry

Dan-Dan - the important thing with such markings is that there is also a 'covenant' (part of the written word in the deed as well) which then refers to them e.g. to maintain the boundary marked with an INWARD facing T' or similar wording. A T mark on its own is one thing but read it in conjunction with the written word as you would any other important marking on the plan.

T marks have been the most commonly used indicator for many many years

As others have mentioned and as our online guidance refers it is always wise to try and reach agreements with neighbours as well where possible, especially where your previous owner had the view that they were responsible for neither boundary although what they may have meant was that they had done nothing to them whilst there?

Dan-Dan

Land_Registry_representative wrote: »

Dan-Dan - the important thing with such markings is that there is also a 'covenant' (part of the written word in the deed as well) which then refers to them e.g. to maintain the boundary marked with an INWARD facing T' or similar wording. A T mark on its own is one thing but read it in conjunction with the written word as you would any other important marking on the plan.

T marks have been the most commonly used indicator for many many years

As others have mentioned and as our online guidance refers it is always wise to try and reach agreements with neighbours as well where possible, especially where your previous owner had the view that they were responsible for neither boundary although what they may have meant was that they had done nothing to them whilst there?

This is most likely i feel , yes ..

Wording in the land registration act is :

The purchasers hereby jointly and severally covenant with the vendor that the purchasers will henceforth keep in good and sufficient repair the fence or fences along the boundary or boundaries shown marked with `t` within the boundarys on said land

So it seems , my vendors either havent bothered reading their copy of the land title paperwork or if they did , they didnt understand it?

Land_Registry

Not every owner will be aware of the information and many will, I suspect, rely on the particulars of sale as that represents what the previous owner says has happened

Dan-Dan

Hmmm , i cant imagine spending ££££££££££££££££££ and NOT reading everything 15 times , and then another 15 times whilst asking questions of everything i dont understand , but then , each to their own!