Property boundary responsibility

Malibusmash

Can anyone please advise were I can get categorical confirmation of which boundary I am responsible for at my owned property (England) please?

(The deeds indicate one side but the Vendor's Property Information Form that the Solicitor gave me indicates another.)

Thanks

G_M

Malibusmash wrote: »

Can anyone please advise were I can get categorical confirmation of which boundary I am responsible for

No.

No one can.

There are a whole range of potential sources, no one of which is likely to be definative.

Depending why you want to know (hint!) the best solution is probably to talk to the relevant neighbour(s).

kingstreet

If the plan you download from the Land Registry has a "T" on the inside of a boundary, that's yours to maintain.

Malibusmash

Thanks GM - my T rang and said that the kids next door have been kicking a football against it and it's brought it down. They rent also. They told my T that their LL told them that it is my responsibility.

Thanks kingstreet - I have the original Land Registry forms which say look for the T but unfortunately there is no T marked.

stator

Responsibility for the boundary does not mean that you own the fence. If you own the fence and next door's kids brought it down then you should ask them to pay for it to be repaired. If you don't own the fence then their landlord should get them to pay to repair it.
Either way it was their act that brought it down so it's them who should be paying.

bris

If it was brought down because they were kicking a ball at it then it's their responsibility for destroying your property.


I certainly wouldn't be rebuilding it for them to do it again.

G_M

Indeed. It is ownership of the fence that is at issue, not the boundary (which does not need 'maintaining'. The boundary owner can choose not to erect any fence if he wishes).

But in this case, the fence was damaged by the acts of the Ts - therefore they are liable.

Problem is, if the fence is the LLs, only he can force the Ts to pay/repair. If the fence is yours, you can force (in court if required) the Ts to pay/repair.

Talk to the LL about ownership. Who paid for/erected the fence? Or does
it pre-date both your property-owneships?

Talk to the neighbour the other side - does he know who owns that fence, since usually each property owns one side.

What about other, older, residents in the street? Often in the whole street each house owns the left (or maybe right) fence.

Another indication (but not proof) is the fence posts - usually the fence-owner puts the post on his side of the fence, so his neighbour does not see the posts.

Of course, if the LL/owner next door
a) denies owning the fence or indicates he does not know and
b) refuses to take action against his tenants

you could simply act on the assumption it is your fence and write to the Ts with your claim for damage......

Land_Registry

The subject of boundaries, responsibility for them, ownership and T marks are covered across a number of threads on MSE and other public forums.

T marks and the important covenants that go with them are, as G_M posts, just part of the picture. For many properties such covenants/markings do not exist simply because the landowner who put the fences up did not own neighbouring land for example.

You tend to find such covenants/markings on developments with multiple plots or where a property has been split by a single owner as a result BUT that is not always the case.

And the key point where such covenants/markings exist is that the covenants to maintain a fence on the side marked with a T is what is known as a personal covenant in most cases. As such with each change of ownership the new owner is often not bound by the covenant.

You also have the scenario that every new owner (both properties) may have a different approach e.g. I'll put a new fence up and we can share the cost; or You do it as you want it changed; or similar so what the previous owners tell you in the particulars of sale for example when you buy adds to the information mix.

So the bottom line tends to be pool any available information, share understanding, appreciate the reasons behind why a new fence is needed and reach an agreement. Where you are renting then the actual landowner should also be involved as appropriate

Malibusmash

Thanks all - much appreciated and I will take on board all comments regarding fence being different to boundary etc. etc.

However, I've just downloaded the Title Plan from the Land Registry and am still none the wiser as to which boundary the property is responsible for (not fence) as there is no 'T' marked anywhere in the Plan - is there something else I can download that will tell me this please?

Land_Registry

The title plan will very rarely reveal such markings so it is the register you would refer to first, and then either an entry which sets out any covenants which affect and/or a deed referring to covenants which is then filed.

As posted most titles will not refer to such markings/related covenants though.