Undefined boundary responsibility

osaddict

Hello everyone,

I'm in the process of purchasing a terraced house, on the property information form the seller has filled out there is a section detailing the boundaries and the responsibilities.

At the back of the house they have put shared, I challenged this with my solicitor and she said:

"The title documents do not confirm the boundaries of the property and as such would advise to treat fences as 'party fences'. You can have an agreement drafted between you and your neighbors should you wish to have some legal evidence of the boundaries"

So, am I supposed to just accept this? Is there anything I can do about it, is this normal?

I'd always thought that the fence on one side was your neighbours and on the other side was yours - that's what my parent's and my brother have.

Any help much appreciated. Thanks

G_M

Ownership of boundaries, and fences (not the same thing!) is frequntly unclear.

It is also a common cause of dispute - over on 'garden law forum' there are countless endless discussions!

If the Deeds etc are not clear, rely on common sense. In most cases it works.

This may help too:

http://www.gardenlaw.co.uk/boundaries.html

osaddict

I've been doing some reading since posting, in general it seems it can be fairly common to not have fence ownership defined.

I do wonder what happens if it blows down in a hurricane or something.

I guess from my perspective at the moment I just need to roll with what I'm doing and deal with an issue if it comes up, rather than try to have something in place before.

Hoploz

Drawing up some legal document will probably cost the same amount as replacing the fence in the event of said hurricane.

osaddict

To be honest that's kind of what I thought, plus it's probably not going to be the best first impression on any new neighbors!

Davesnave

Your solicitor doesn't seem to know the difference between 'can' and 'may.'

You can certainly draw up what you like, but the neighbour may not sign it!

Land_Registry

osaddict wrote: »

I've been doing some reading since posting, in general it seems it can be fairly common to not have fence ownership defined.

I do wonder what happens if it blows down in a hurricane or something.

I guess from my perspective at the moment I just need to roll with what I'm doing and deal with an issue if it comes up, rather than try to have something in place before.

Correct - whilst it can sometimes be referred to, often where land has been in a sole ownership and then divided up e.g. a development, in the majority of cases it is not.

From a registration perspective the details are often referred to in covenants but over time these specific covenants are rarely enforceable but they can still play a part in neighbours agreeing what next.

The particulars of sale a seller provides is just that, namely how they have dealt with the fencing for example. This also helps to paint a picture for any future arrangement/agreement.

As you rightly state in another post first impressions count and in my experience the boundary/fence can sometimes become the 'weapon of choice' when neighbours fall out (noise, BBQs etc) but can also be a good way to cement yourselves as 'good neighbours'