Land Registry - Property Boundary

aj16_2

Have a bit of storm damage to  garden fence (right side) after eunice. Both sides of fence adjoin neighbouring properties gardens.

Looking at LR plans property boundaries are marked in red covering both fences. Does this mean homeowners have shared responsibility for this, when any damage occurs?

I would like to get this fixed as soon as possible but also want to know if next door shoud pay their share.

All advice appreciated!

getmore4less

Who put the fence up?

canaldumidi

What does the LR Title document say the red line means?

Who owns the fence (bought and erected it)?

What have your neigbours said?

Do you want a fence (no law says you must have one)?

Is there a general assumption down the street eg that all the fences on the right (or left) of every house in the street are the property owner's responsibility?

aj16_2

These are all new build properties (townhouses). We own our home. Fences were built and erected by Lovell Homes. One fence divides each garden.

As per LR doc TP1 our property is identified edged red on the plan. Notice all the homes on location plan are marked like this.

Can't get hold of landlord next door. He has rented out all his rooms and there are 3 or 4 people living there. We have contacted him (no response so far) and asked his tenants to do the same.

There is no specific 'T' or H' to make things clearer. 

Lovell said "as a general rule" fence on left belongs to that specific plot. However, there is nothing in conveyance plan to indicate this.

user1977

What do the title conditions say? I'd expect a modern development to be clear about it.

aj16_2

Here's what agreement says:

"It is hereby agreed and declared that any walls of the dwelling and garage constructed on the property separating it from any other dwelling and garage on the estate (and any other boundary fences and structures constructed on the property separating it from any other property on the estate (other than as marked with a 'T' on plan 1) shall be deemed to be party walls and structures and shall be repaired and maintained as such".

As stated previously there is no 'T'. Based on the above seems like shared responsibility?

canaldumidi

aj16_2 said:

These are all new build properties (townhouses). We own our home. Fences were built and erected by Lovell Homes. One fence divides each garden.

As per LR doc TP1 our property is identified edged red on the plan. Notice all the homes on location plan are marked like this.

Can't get hold of landlord next door. He has rented out all his rooms and there are 3 or 4 people living there. We have contacted him (no response so far) and asked his tenants to do the same.

There is no specific 'T' or H' to make things clearer. 

Lovell said "as a general rule" fence on left belongs to that specific plot. However, there is nothing in conveyance plan to indicate this.

So the red line just marks the boundary. Nothing to do with fence ownership or responsibility.

Not sure how 'general' that rule is, but irrespective, it's not a strict rule so does not help you.

You've written to the LL?

Why not get quotes for the new fence, write again including the quotes and highlighting the best (probably cheapest but that's not always the best!), ask for half the cost.

If he refuses or ignores, just put new fence up - it's not worth going to court over, especially when you have no guarantee of winning!

Or just leave the fence as it is.

aj16_2

Here's what agreement says:

"It is hereby agreed and declared that any walls of the dwelling and garage constructed on the property separating it from any other dwelling and garage on the estate (and any other boundary fences and structures constructed on the property separating it from any other property on the estate (other than as marked with a 'T' on plan 1) shall be deemed to be party walls and structures and shall be repaired and maintained as such".

As stated previously there is no 'T'. Based on the above seems like shared responsibility?

I know a handyman who will do the repairs. No problem there. If the owner next door would have the courtesy to get back to me, at least we could come to an agreement. Will probably just get the fence done.

Tiglet2

aj16_2 said:

Here's what agreement says:

"It is hereby agreed and declared that any walls of the dwelling and garage constructed on the property separating it from any other dwelling and garage on the estate (and any other boundary fences and structures constructed on the property separating it from any other property on the estate (other than as marked with a 'T' on plan 1) shall be deemed to be party walls and structures and shall be repaired and maintained as such".

As stated previously there is no 'T'. Based on the above seems like shared responsibility?

I know a handyman who will do the repairs. No problem there. If the owner next door would have the courtesy to get back to me, at least we could come to an agreement. Will probably just get the fence done.

In the absence of any 'T' marks and that your agreement states "party walls", I would take that to mean that the fences are a shared responsibility between both you and the neighbours on either side.

aj16_2

Thank you. Makes things a lot clearer!