Which side is my boundary

[web1 10]

Am I responsible for, I've been told that facing your property from the front, the left side of the boundary is my fence, with this in mind I pose 2 questions.

1, is this true.

2, if next door have put the fence up on the wrong side is it my fence and am I responsible for it?

[Love2print 10]

Answer to 1 is no. The boundary which you are responsible for could be either side or even both come to think of it. Check your deeds.

 

2. If your neighbours have put up a fence then that is their fence, it doesn't become yours just because it is on your side. However, if they have built a fence on your boundary then it shouldn't go over the boundary line, they should have built it within their own property.

[Jeffrey Shaw 90]

Yes. Use these general rules (in descending order):

1. Look at plans- not the HMLR title plan but any deed plans drawn by a Surveyor etc. Are there any "T" marks?

2. Look at the title deeds, whether or not they feature plans, esp. any which grant a new leasehold term OR involve a sale-off of part. Are there any declarations about boundaries?

3. Is the land sloping? A higher-side property's boundary wall may well be a retaining wall, more likely than not to belong to that property.

4. Look-up the 'hedge and ditch' rule.

 

ALSO see HMLR Practice Guide 40, Supplement 3: https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3

[Caroline 11]

My Mum isn´t sure which side is her boundary and her neighbour has been on at her to buy a new fence. If she stands with her back to the house which side is her boundary. She lives in S2 Thank you.

[geared 303]

No hard and fast rules, check your deeds it may say it in there.

You might also be able to tell from the deeds if the current fence is on yours or your neighbours land - thats how I can tell the hedge at my house is actually my neighbours hedge and not mine.

 

Use these general rules (in descending order):

1. Look at plans- not the HMLR title plan but any deed plans drawn by a Surveyor etc. Are there any "T" marks?

2. Look at the title deeds, whether or not they feature plans, esp. any which grant a new leasehold term OR involve a sale-off of part. Are there any declarations about boundaries?

3. Is the land sloping? A higher-side property's boundary wall may well be a retaining wall, more likely than not to belong to that property.

4. Look-up the 'hedge and ditch' rule.

 

ALSO see HMLR Practice Guide 40, Supplement 3: https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3

[scousemouse 10]

If she owns the house, the deeds will tell you where the boundaries are, if owned by the council, they will be able to tell her.

[geared 303]

If she owns the house, the deeds will tell you where the boundaries are, if owned by the council, they will be able to tell her.

 

Not always, it totally depends on the deeds.

[Chez2 10]

No hard and fast rules, check your deeds it may say it in there.

You might also be able to tell from the deeds if the current fence is on yours or your neighbours land - thats how I can tell the hedge at my house is actually my neighbours hedge and not mine.

 

Agreed.

 

I moved into a new house and boundary was marked by posts hammered into the ground with two horizontal bits of wood between them (by the builders). Deeds said who was responsible for the boundary. None of my neighbours could agree to pay for a decent fence so I put the same fence up all way round. One direct on my boundary (my responsibility) and the other two I put up just within my boundary.

[salou4 10]

And even if you can figure out where the boundary is, you then have to work out who's responsible for the fence. It might be in the deeds, might not.

 

We had a similar debate with our neighbour recently when laying a drive, and for technical reasons, we couldn't finish where the path finished, so ended up going a couple of inches further. He said we were extending onto his property, but if you follow the line of our path it goes level with the fence posts, but the actual fence was on his side of the 4 inch post, not ours, so taking the fence as the boundary, that gave us another 4 inches to play with.

 

In the end, when the job was finished it looked very good, and common sense allowed for us to move on, rather than let it build out of hand. Hope you have the same result.

[Chez2 10]

And even if you can figure out where the boundary is, you then have to work out who's responsible for the fence. It might be in the deeds, might not.

 

We had a similar debate with our neighbour recently when laying a drive, and for technical reasons, we couldn't finish where the path finished, so ended up going a couple of inches further. He said we were extending onto his property, but if you follow the line of our path it goes level with the fence posts, but the actual fence was on his side of the 4 inch post, not ours, so taking the fence as the boundary, that gave us another 4 inches to play with.

 

In the end, when the job was finished it looked very good, and common sense allowed for us to move on, rather than let it build out of hand. Hope you have the same result.

 

I saw a similar 'dispute' between two neighbours. One had recently moved in and assumed he owned his driveway as it met up with his fence down the garden. Their neighbour wanted to have thier drive relaid and wanted to claim back their driveway the had been covered my tarmac by the previous occupant next door. They couldn't agree so solicitors got involved. Someone came out to measure and mark the boundary and took about a foot off the width of the new occupants driveway. New occupants got quite a surprise. Its not always as obvious as it seems to be.

[Caroline 11]

Thank you everyone. My Mum said her bank want to charge her 50.00 to look at her deeds, is that what banks charge, seems like a lot to me.

[ANGELFIRE1 10]

When I had a problem with a builder building along my boundary, I toddled off to see my deeds, as to who owned the boundary fence. My land boundary had this symbol on all sides T. The T symbol if the boundary (wall) belonged to me was on my side of the boundary, if it belonged to my builder chappie, the T would be on his side. Thankfully it was on my side and the builder paid me a£1000 in damages. It was pay up or restore the wall to its former condition, as he had knocked part of it down.

 

Angel1.