Who is responsible for fence repair

jefner

Land_Registry_representative wrote: »

Yes - that is in essence a copy of the register/title plan and deed(s) as held by us

Just read the register and deed carefully to understand what it contains and it's meaning.

Thereafter it is a question of sharing/pooling that information with your neighbour along with the guidance around boundaries and coming to an agreement.

read and understand????? it's all gobbedly gook stuff which I was used to and still never understood when I used to work for a Solicitor and we did the paperwork for sales and purchases :rotfl: Pretty much I don't understand any of what I have typed from the Certificate lol

Land_Registry

jefner wrote: »

I have found something in the first schedule (the land and buildings transferred) of the Charge Certificate

"The land or pieces of land edged red and marked number 150 on the plan being part of the development together with the house and all other buildings and erections hereafter erected thereon with the appurtenances thereof and all rights enjoyed therewith and all service installations now or hereafter exclusively serving the same PROVIDED that (i) any part of a wall of the house or garage which also forms part of a building erected or in course of erection on any adjoining part of the development shall be a party wall and any garden fence between the property and any adjoining part of the development shall be a party fence and shall be maintained at the joint and equal expense of the transferee and the registered proprietor from time to time of such adjoining buildings and land......blah blah blah!!!!

Whilst I appreciate that it can be read as 'blah blah blah' the wording and understanding do matter here with the additional caveats as already mentioned.

The part I have emboldened appears to be most relevant to the fencing issue as we are not referring to the actual walls of your house. If the adjoining land owned by your neighbour (and now built on) formed part of the 'development' then the fencing appears to be a party one (shared). The deed containing the extract should define the development for you

Hopefully your neighbour's title will mirror your own and if so that helps to at least explain how the fencing was expected to be dealt with. But as mentioned, time can change things re owner's perceptions, agreements and actions.

jefner

would it still not be easier to obtain an up to date plan on ownership?

jefner

"The deed containing the extract should define the development for you".... where will I find reference to that bit?

jefner

if my neighbours were anyone else it would be very easy to approach them and discuss the matter BUT as I said earlier they are a bit of a peculiar pair (mainly the Mrs) who complains about anything at the drop of a hat. She made here neighbour's life (and the builders) hell when they did their extension ...nitpicking on the slighest of things.......I don't think the lift goes to the top with her unfortunately lol

jefner

are there any mods about who can tweak my images please so they show for the Land Registry Rep please?

Land_Registry

jefner - if the extract is in the Transfer/Conveyance from the builder to the first owner and is sewn up in the certificate then the terms used will be defined in the same deed.

The title plan will add nothing to the mix on this so the only relevant registered information for your property appears to be that you have quoted from.

If your neighbours are as described then I am not too sure how at this stage the registered details really come into play. Until you broach the subject with them you have no idea how this may play out and if you wish to share the cost and/or agree who decides on who does the job and how then that approach probably needs to come first to at least understand how they might view things.

Note - I can already see the images you have added re the deed and title plan. I do not need to see any details re the reality on the ground (if posted) as the advice we can provide is limited to that already given. Photographs will simply confirm what you and your neighbours can already see and will only be relevant to your own discussions with them.

Land_Registry

And, the third plan or sketch you have added indicates that the neighbour is to the rear. If that is the case then based on the deed plan you have posted it seems likely that their land was not part of the development. The definitions within the deed should clarify that for you.

If, and I suspect that is the case, their land was not part of the original development then it would appear there is no registered information for your title to help understand who is responsible for that dividing fence.

If the above is confirmed and the neighbour's title is also silent then that simply means that the discussion should centre on what each owner has done previously and how they wish to continue in the future as well as any details provided to each of you for example when you bought your properties

jefner

am trying to post images of extracts for you but as I am a newbie it won't let me post links because of spamming. I need to know anyway as to whom the fence belongs to because of their flippin kids trying their best to break it over the last couple of years

jefner

And, the third plan or sketch you have added indicates that the neighbour is to the rear. If that is the case then based on the deed plan you have posted it seems likely that their land was not part of the development. The definitions within the deed should clarify that for you.


not sure where I will find that bit