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Which fence do we own?
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subjecttocontract wrote: »In the popularity stakes the EPC inspector is at least a couple of notches below traffic wardens, bank managers and speed cameras.
But still a couple of hundred notches above a Buy-to-Let merchant, eh?
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In some cases there are responsibilities to maintain the fences marked with a "T" inside the boundary on some conveyance or transfer plan or there might be an express joint liability between neighbours, but in thousands of cases the deeds says nothing at all about ownership of fences and the information given on the Sellers Property Information Form or Home Use Form is simply what the seller thinks is the case!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Richard_Webster wrote: »In some cases there are responsibilities to maintain the fences marked with a "T" inside the boundary on some conveyance or transfer plan or there might be an express joint liability between neighbours, but in thousands of cases the deeds says nothing at all about ownership of fences and the information given on the Sellers Property Information Form or Home Use Form is simply what the seller thinks is the case!
How do we determine whos fence is whos then? nice showing side of fence facing either mine or neighbours garden?:T This site is great! Thanks to Martin Lewis & everyone who participates and helps so many people! Without you all, where would we be ??:T
:A The days are long, but the years are short! Cherish every moment, you blink that moment is gone forever :sad: :A0 -
A solicitor should be able to advise you of where the boundary is.
Unfortunately, they won't. The problem is that a line on a map can't be transposed to a line on the ground.
You'll need a land surveyor to advise on the boundary. Even then, it will still be down to negotiation with your neighbour ... and possibly, the Courts :eek:Warning ..... I'm a peri-menopausal axe-wielding maniac0 -
Debt_Free_Chick wrote: »Unfortunately, they won't. The problem is that a line on a map can't be transposed to a line on the ground.
You'll need a land surveyor to advise on the boundary. Even then, it will still be down to negotiation with your neighbour ... and possibly, the Courts :eek:
Unbelieveable eh! you would think that there would be something somewhere that would determinine this. Not until you encounter problems does this problem come to light. I know when i was looking at other houses before i purchased this one shared drive way properties etc clearly defined it. why isnt it the same for a simple thing like a garden fence.:mad::T This site is great! Thanks to Martin Lewis & everyone who participates and helps so many people! Without you all, where would we be ??:T
:A The days are long, but the years are short! Cherish every moment, you blink that moment is gone forever :sad: :A0 -
sarah1975uk wrote: »How do we determine whos fence is whos then? nice showing side of fence facing either mine or neighbours garden?
The "nice side" is no indication at all. My property might have had a very "mean minded" neighbour in the past, who gave himself the "nice side". You can't draw any conclusions from the "nice side".
The deeds are the definitive documents. If the deeds are silent, then it might mean there is no requirement for a fence at all. And that might mean that any existing fence was by "mutual agreement" between the owners at the time, but that there is no contractual obligation to maintain a fence for the future.Warning ..... I'm a peri-menopausal axe-wielding maniac0 -
Lots of surprise and astonishment amongst posters on this thread..... but Debt Free Chick is right.
Surveyors don't help by routinely advising buyers to get their solicitor to advise about boundary responsibilities when a lot of the time there is little useful information we can give...RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Hi
So I've got the deeds out - no "T" on any of the gardens boundaries....so does that mean if my neighbour has built a wall (part of that wall forms an intergral part of her brick built garden shed) and has put trellis up that is on her side of the wall (and grown plants all over it - none on our side) that we can reasonably expect her to maintain it?
P.s. also read all the olde English in the Indentures and assignments can see no mention of fences...0 -
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Debt_Free_Chick wrote: »The "nice side" is no indication at all. My property might have had a very "mean minded" neighbour in the past, who gave himself the "nice side". You can't draw any conclusions from the "nice side".
Mean minded.....WHY ? Surely the guy who is paying for the fence can choose which way round it goes. If he's paying he damn well DESERVES the 'nice side'.
What gives you any right to choose ? Your not paying for it.
Jesus.....I've read some crazy things in my time.....that one takes the biscuit !:mad:0
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