Boundary Wall - Who owns what?

paul1532

I have a boundary fence to the front of my house, it is marked as mine by a 'T' which denotes the Western & Southern boundaries are mine, I have seen this clearly marked on my Title Deeds.
At the end of the boundary, which is defined by the original post and wire fencing, is a brick pier from which my gate and my neighbours gate are hung.The brick peer straddles both sides of the boundary.
My neighbour says the brick pier is half his but I believe it is mine as it is on my boundary line and clearly marked on the plans.
I want to replace it with another post on which I want to put a replacement gate.
My questions are:
1. Is this my pier?
2. Can I take it down and replace it?
3. If I take it down do I need to put another in its place to hang my neighbours gate or is that his responsibility?
4. Do I need his permission to take his gate off of my pier?

(You will have guessed that we don't get on :eek: any advice gratefully received!)

AndyMc.....

Who built the peer? It will legally belong to the person who paid for it.

paul1532

I suspect it was built when the house was in 1959, there is nothing other than the title deeds showing that it is on the boundary line, I have maintained it (repointing etc) for the last 20 years.

27cool

It's not a peer. It's a pier.

AndyMc.....

paul1532 wrote: »

I suspect it was built when the house was in 1959, there is nothing other than the title deeds showing that it is on the boundary line, I have maintained it (repointing etc) for the last 20 years.

So you've repointed it say once?

Enterprise_1701C

Is it specifically over your side of the boundary or half and half? Does it line up with a certain area of the houses?

Have to admit, it seems a bit strange for it to be entirely yours if your neighbour's gate is hung from it too.

paul1532

Yes - once

paul1532

"Is it specifically over your side of the boundary or half and half? Does it line up with a certain area of the houses?"

It sits half & half

AndyMc.....

paul1532 wrote: »

"Is it specifically over your side of the boundary or half and half? Does it line up with a certain area of the houses?"

It sits half & half

So maybe it's shared, unless you can prove otherwise I wouldn't knock it down without agreement from your neighbour.

TheCyclingProgrammer

I agree, in the absence of anything saying otherwise (boundary responsibility in your deeds proves nothing) if it straddles the boundary I would treat it as shared.

Aylesbury_Duck

It will be shared if it straddles the boundary. I have experienced this on a property. You will need your neighbour's agreement before taking it down.