Boundary Query

anotheruser

If my house documents don't say who is responsible for a boundary, is it a 50/50 thing?

I assume if my neighbours documents state I am responsible, then my documents should also say the same thing?

Also, if a fence that looks like it is within my neighbours boundary has fallen over and damaged things on my side, is there something I can do?

Thanks

Grenage

Maintaining a boundary and maintaining a fence are very different things. If the fence was put up by them, (and on their land), then it's their fence.


You could potentially take someone to a small claims court if the fence coming down was down to gross negligence, but that wouldn't be a good idea. Neighbourly relations can make or break a home.



They could remove the fence and leave it as is, if they wish. One of the few exceptions would be if they had a dog, and needed to keep it on their side.

Aylesbury_Duck

As Grenage says, fences and boundaries are usually separate things. If your documents say it it yours or your neighbour's or it's a shared responsibility to maintain a boundary, then that's all that needs to happen. You could mark it with sticks and string if you like, as could they.

As to the damage caused by what might be your neighbour's fence, I'd suck it up. Fences don't last forever and an otherwise sturdy fence can blow down in a freak gust. It's certainly not worth having an argument over. These things happen.

silvercar

Boundary issues are best discussed on the housing board.

I'm moving your thread over to there.

Slithery

anotheruser wrote: »

Also, if a fence that looks like it is within my neighbours boundary has fallen over and damaged things on my side, is there something I can do?

Unless you can prove negligence on the part of your neighbour then claim on your insurance. That's what you have it for.

G_M

anotheruser wrote: »

If my house documents don't say who is responsible for a boundary, is it a 50/50 thing?
No


I assume if my neighbours documents state I am responsible, then my documents should also say the same thing?
If by 'documents' you mean the property Title, then yes. But that does not mean they always do. Do they?


Also, if a fence that looks like it is within my neighbours boundary has fallen over and damaged things on my side, is there something I can do?

Pick up the fence?. Speak to the neighbour? Bake a cake and invite the neighbour to tea?

Tom99

[FONT=Verdana, sans-serif]A boundary is literally a pencil line on the ground, transferred to a red line on both titles. It has no physical presence on site and requires no maintenance, nobody in their title is obliged to maintain a boundary.[/FONT]

[FONT=Verdana, sans-serif]If nothing but the red line exists on both titles then either owner is free to erect a fence or hedge entirely on their side of the boundary. The are not obliged to maintain this fence/hedge, but if it damages their neighbours property they may be liable for that damage. Their neighbour is permitted to cut back any growth of the hedge to the boundary line and return these cuttings to them.[/FONT]

[FONT=Verdana, sans-serif]However either title may include a restrictive covenant for example:[/FONT]

[FONT=Verdana, sans-serif]'THE Purchaser shall within one calendar month from the 29th day of February 1929 erect and for ever after maintain fences or hedges to be approved of by the Vendors on the sides of the Plots marked "T" on the said plan.'[/FONT]

[FONT=Verdana, sans-serif]This covenant may often stipulate a minimum height or in the case of front gardens a maximum height.[/FONT]

[FONT=Verdana, sans-serif]This is what people are referring to when the say 'so and so' has responsibility for the boundary.[/FONT]

[FONT=Verdana, sans-serif]If a neighbour is not performing their own covenant correctly e.g. there is no fence or the fence is in disrepair, them from a practical and cost wise point of view there is very little you can do to force your neighbour to build or repair the fence other than point out they are legally obliged to do and appeal to their good nature. If relations break down you can threaten to take legal action but if your neighbour is clued up he will know that is an empty threat.[/FONT]

[FONT=Verdana, sans-serif]To start with, you would have to prove that you had the benefit of the positive covenant, i.e. that the original owner, who split the land in two past, to his successors in title the benefit of having the neighbour build a fence or hedge. In most cases that is not done in any formal way so your title will not contain any positive covenants.[/FONT]

[FONT=Verdana, sans-serif]Even if you can prove you do have the benefit of this covenant, for a judge to find in your favour you would need to show that you had, or will, incur some sort of loss which can be quantified in £s or by your neighbour performing the covenant correctly.[/FONT]

[FONT=Verdana, sans-serif]Almost certainly, the cost of bringing such a legal action would dwarf the cost of you erecting you own fence on your side of the boundary.[/FONT]

[FONT=Verdana, sans-serif]A much rarer occurrence is a shared feature on a boundary which is built astride the boundary. Typically this is a wall, often a wall starting at the back of two adjoining houses to separate the garden or the 1st part of the gardens.[/FONT]

[FONT=Verdana, sans-serif]These shared walls are often not specifically refereed to in either title and each party would legally own 50% depth of the wall and the Party Wall etc.Act 1996 would apply to any work one side wanted to carry out.[/FONT]

[FONT=Verdana, sans-serif]It is also possible for two neighbours to agree to erect a fence astride the boundary and for each to be responsible for half its initial cost and upkeep. Most of this type of agreement, whilst only verbal, may be enforceable in court but again the cost would far outweigh any saving in paying for a repair yourself.[/FONT]