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Boundaries finding which is mine?

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Comments

  • drjohn67
    drjohn67 Posts: 115 Forumite
    100 Posts Second Anniversary
    The T on the plan does not prove ownership - the plans often have it annotated incorrectly. The wording on both sets of deeds is critical. Very awkward if there is inconsistency. 

    If no compromise can be found then a boundary mediation service or even serving notice of works at the boundary may trigger objection/process of resolution. Both will have high costs.

    Perhaps cheaper to invest (even more) time exploring the neighbours' concerns.
  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 15 March 2023 at 11:29AM
    Section62 said:

    You are right - that is unusual. It might happen at the end of a 'terrace' or row of houses, where one end property is lumbered with 'responsibility' for fences on both sides (and often the rear), but that's seemingly not the case here. So it's weird, but your deeds plan clearly shows Ts on three sides. Is there any reference made to this in the text of your deeds?

    Not really.  There is no law or rule which says the 'additional' boundary has to be at the end of the row, nor that the boundaries have to be distributed equally between properties.  It would be perfectly legitimate for alternating properties to be responsible for both or neither of the boundaries between them.

    Furthermore, as I pointed out in my previous post, with LA housing in particular it is common for the boundaries to go with the properties as they are sold off, so responsibility is based on when the property was sold, rather than physical relationships with other properties.

    For those reasons, and because 4,2,150 and 148(?) have a slightly complicated corner-plot type arrangement, there is nothing inherently 'wrong' with number 4 having both 'side' boundaries.

    "Furthermore, as I pointed out in my previous post, with LA housing in particular it is common for the boundaries to go with the properties as they are sold off, so responsibility is based on when the property was sold, rather than physical relationships with other properties." That I hadn't seen, and didn't know.
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    drjohn67 said:
    The T on the plan does not prove ownership - the plans often have it annotated incorrectly. The wording on both sets of deeds is critical. Very awkward if there is inconsistency. 

    If no compromise can be found then a boundary mediation service or even serving notice of works at the boundary may trigger objection/process of resolution. Both will have high costs.

    Perhaps cheaper to invest (even more) time exploring the neighbours' concerns.
    Hi

    We were advised by our solicitors it owners is the responsibility re the T

    Where you have more than one house i a road, more often than not, some of the houses/properties will have responsibility for bot or all sides of the fence.

    What you have posted, never heard of it but good to know

    Thnaks
  • diystarter7
    diystarter7 Posts: 5,202 Forumite
    1,000 Posts First Anniversary Name Dropper
    Hi OP, all

    Just read this, hope it helps

    Quote from link below

    he 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.


    https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3#:~:text=The most common marking on,to maintain and repair it.


    :)

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