Boundary dispute with council

Davesnave

Madcatwomanwithabackpack wrote: »

The land registry say on their website that deeds will only provide a general idea of where boundaries are.

This is true, but if the fence exists and it's been there long enough to become decrepit, then trying to establish a different boundary looks like a hiding to nothing.


Yes, you should have a say in what to replace the fence with if chain link is unacceptable, but to 'have a say' you must first engage in a dialogue with the other party involved, not ignore them. The chain link option is probably the cheapest option, but it seems the council will consider dearer materials if you offset their extra cost.

Davesnave

custardy wrote: »

That would be my push back TBH.

It wouldn't solve everything for the OP, though, because if she wants something visually attractive, she's stuck with paying for it all then, rather than getting part subsidised.


The only advantage would be over timing.

Ectophile

Madcatwomanwithabackpack wrote: »

Their letter only came yesterday and I am going to see the council tomorrow. I'm trying to find out my rights before I talk to them. On our house deeds there is a T on the line between the two houses.

Which way do the T's point. They normally point into the land of whoever is responsible for that boundary.

sevenhills

Madcatwomanwithabackpack wrote: »

The bit I do understand on the document is that I am jointly responsible for the fence. Surely if this is the case I have some say as to what I want to pay money for.

But you didnt respond to the council !!

Madcatwomanwithabackpack wrote: »

The council sent a letter asking me to pay half for a boundary fence. I didn't reply

comeandgo

Do other gardens have a wooden fence and how high is yours? I did stay in an area where planning constraints ment all the gardens were open plan, there were no fences allowed, just wondered if something similar as council replacing with chain link. I'm assuming chain link is one strand of chain and not a name for mesh fencing.

the_lunatic_is_in_my_head

Madcatwomanwithabackpack wrote: »

The land registry say on their website that deeds will only provide a general idea of where boundaries are.

https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3

8. Ownership and/or maintenance of boundaries
There are various notions that the way a wall or fence is constructed indicates ownership, for example that the posts and arris rails of a fence are on the owner’s side. There is, however, no legal foundation for such beliefs. Deeds may contain covenants to maintain a wall or fence but on their own, such covenants do not confer ownership. Where the ownership or responsibility for maintenance of a boundary cannot be determined, that boundary feature is generally best regarded as a party boundary. Any alterations or replacement of the boundary should only be done with the agreement of the adjoining owners.

The register will only show information concerning the ownership and/or maintenance of boundary features when this information is specifically referred to in the deeds lodged for registration. The most common marking on deed plans that relates to boundaries are ‘T’ marks. An entry referring to a ‘T’ mark is normally a statement concerning the ownership of a boundary structure or the liability to maintain and repair it.

If the ‘T’ marks are expressly referred to in the deed lodged for registration and the text of the provision(s) is set out verbatim in the register, then we will:

reproduce them on the title plan and refer to them in the register, or
describe the boundaries affected by ‘T’ marks verbally in the register, for example “The ‘T’ mark referred to [in paragraph/clause…] affects the [north western] boundary of the land in this title”, or
make a note to the said register entry that a copy of the plan to the deed is filed
‘T’ marks on deed plans which are not referred to in the text of a deed have no special force or meaning in law and unless an applicant specifically requests that the ‘T’ marks be shown on the title plan, we will normally ignore them.

If there are any specific requirements for you to maintain a fence or wall I think it should be stated on the deeds.

If not a boundary can be marked with 2 poles and some string.

What is the condition of the current fence?

Davesnave

comeandgo wrote: »

I'm assuming chain link is one strand of chain and not a name for mesh fencing.

'Chain link fence' is Googleable.
It's mesh.