Anyone good with conveyencing / border questions?

Discussion in 'Bulletin Board' started by Gally, Dec 8, 2024.

Page 1 of 3
  1. Gally

    Gally Administrator Staff Member Admin

    Joined:
    Nov 5, 2009
    Messages:
    16,916
    Likes Received:
    12,261
    Trophy Points:
    113
    Location:
    York
    Home Page:
    Style:
    Barnsley
    (Hoping the font of all knowledge - The BBS can answer this one :) )

    We've had a fence between ours and the neighbours blow over with the storm. I'm not sure who's responsible. The neighbour's property was built in our original garden in the early 2000s (before we bought it - we've only been here since March). There is some spiel about erecting and maintaining a fence in their restrictive covenants, but I'm not clear if it means all of the fences where it borders with our property or part of it, so I could do with someone taking a look. I think it would be pretty simple for someone who's used to looking at these things. Thanks!
     
    Gally, Dec 8, 2024
    #1
    WG Red likes this.
  2. WG Red

    WG Red Well-Known Member

    Joined:
    Mar 24, 2021
    Messages:
    1,870
    Likes Received:
    2,690
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Ward Green
    Style:
    Barnsley (full width)
    Had some problems with neighbours last year due to a fence we built. I got some free advice through the union I am in, boundaries seem to be very vague, good luck!
     
    WG Red, Dec 8, 2024
    #2
    Gally likes this.
  3. SFOTyke

    SFOTyke Well-Known Member

    Joined:
    Oct 26, 2005
    Messages:
    4,883
    Likes Received:
    6,057
    Trophy Points:
    113
    Gender:
    Male
    Occupation:
    Retired (Early)
    Location:
    San Francisco, California, USA
    Style:
    Barnsley (full width)
    https://homeinspectioninsider.com/who-owns-the-fence-between-two-houses/
     
    SFOTyke, Dec 8, 2024
    #3
  4. Deafening Silence

    Deafening Silence Well-Known Member

    Joined:
    Mar 14, 2021
    Messages:
    6,437
    Likes Received:
    8,488
    Trophy Points:
    113
    Gender:
    Male
    Location:
    Barnsley
    Style:
    Barnsley (full width)
    Ah but who has the mineral rights?
     
    Deafening Silence, Dec 8, 2024
    #4
  5. Redstone

    Redstone Well-Known Member

    Joined:
    Sep 10, 2005
    Messages:
    15,977
    Likes Received:
    11,409
    Trophy Points:
    113
    Style:
    Barnsley Dark
    Good article that's always been my understanding. When I moved into my current house my neighbour insisted the fence between us was his and he would pay for it replacing. Despite me believing he was wrong I tried a couple of times but then conceded (he's a great guy btw)

    The short version is you are both responsible for maintaining the boundaries between properties.
    However if someone solely pays for fence then it's their property.
     
    Redstone, Dec 8, 2024
    #5
    SFOTyke likes this.
  6. tosh

    tosh Well-Known Member

    Joined:
    Mar 20, 2008
    Messages:
    5,928
    Likes Received:
    2,856
    Trophy Points:
    113
    Occupation:
    Retired
    Location:
    North Sea
    Style:
    Barnsley Dark
    It ought to be on your deeds. The boundaries you are responsible for are usually marked with a letter T coming from the boundary onto your land.
     
    tosh, Dec 8, 2024
    #6
    Hooky feller likes this.
  7. RichK

    RichK Well-Known Member

    Joined:
    Feb 24, 2007
    Messages:
    28,987
    Likes Received:
    2,439
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    You need to look at the deeds of both properties. As said above there may be T marks on, but those alone aren't enough, there needs to be express provision in the Deed as to what they mean.

    Do you have Deeds available?

    If not there are some presumptions that can be applied, but they aren't particularly legally binding.

    The article linked above is from USA.
     
    RichK, Dec 8, 2024
    #7
  8. RichK

    RichK Well-Known Member

    Joined:
    Feb 24, 2007
    Messages:
    28,987
    Likes Received:
    2,439
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    ignore this bit, re-read your post and it won't apply.
     
    RichK, Dec 8, 2024
    #8
  9. Winker

    Winker Well-Known Member

    Joined:
    Sep 3, 2017
    Messages:
    3,466
    Likes Received:
    2,856
    Trophy Points:
    113
    Occupation:
    RETIRED AND LOVING IT
    Location:
    Bridlington
    Style:
    Barnsley (full width)
    Good luck with that one, ***** neighbours an they'll swear blind its yours, decent neighbour will act responsibly. an an a55hole neighbour will leave it until you get pi55ed off an fix it yourself.
     
    Winker, Dec 8, 2024
    #9
  10. orsenkaht

    orsenkaht Well-Known Member

    Joined:
    Nov 7, 2009
    Messages:
    11,786
    Likes Received:
    11,536
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    Your property will be registered, so the first step is to obtain a copy of the official register. This should give details of ownership and recite the terms of any easements/restrictive covenants, which will inform you of the respective rights and responsibilities regarding maintenance of joint/party boundaries. You can obtain further details here:

    HM Land Registry - GOV.UK

    Avoid some of the other sites advertising land registry searches. These attempt to cream off a bit of profit by charging you an extra fee to conduct a search. You can do this yourself by following the instructions on the official gov.uk site mentioned above.

    Hope this is of assistance.
     
    orsenkaht, Dec 8, 2024
    #10
    leeupo likes this.
  11. leeupo

    leeupo Well-Known Member

    Joined:
    Mar 29, 2014
    Messages:
    545
    Likes Received:
    363
    Trophy Points:
    63
    Location:
    Shafton
    Home Page:
    Style:
    Barnsley (full width)
    This - And then look for the T. This shows who is responsible for each fence.
     
    leeupo, Dec 8, 2024
    #11
  12. Jay

    Jay Well-Known Member

    Joined:
    Jul 18, 2005
    Messages:
    42,501
    Likes Received:
    30,185
    Trophy Points:
    113
    Location:
    On Sofa
    Style:
    Barnsley
    Top and bottom of it mate is that the deeds of both your house and your neighbour's house will state which fences you're responsible for, and which they are responsible for. Looking at your house from the road it's usually, but not always, the fences on the left.
     
    Jay, Dec 8, 2024
    #12
  13. Old Goat

    Old Goat Well-Known Member

    Joined:
    Dec 15, 2017
    Messages:
    8,020
    Likes Received:
    14,817
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    It may not always be the case, but (as stated above by @tosh and @RichK) my deeds and associated plan use the T markers to show which fences are my responsibility and which are my neighbours' responsibility.
     
    Old Goat, Dec 8, 2024
    #13
  14. Red

    Red-Taff. Well-Known Member

    Joined:
    Aug 10, 2011
    Messages:
    5,272
    Likes Received:
    3,391
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    The first step is to decide what your position is - go halves with the neighbour/ you think it's 100% the neighbours responsibility/all your responsibility.
    Then you need to speak with the neighbours and see if you can reach agreement.

    If no agreement then you check the Deeds - I think I'm right that you can also purchase a copy of your neighbours Deeds.

    What you don't want is an expensive dispute - one that you would have to disclose if and when you come to sell the property.

    Share This P
     
    Red-Taff., Dec 8, 2024
    #14
  15. Jay

    Jay Well-Known Member

    Joined:
    Jul 18, 2005
    Messages:
    42,501
    Likes Received:
    30,185
    Trophy Points:
    113
    Location:
    On Sofa
    Style:
    Barnsley
    This is nonsense, don't read it. It's in your deeds mate.
     
    Jay, Dec 8, 2024
    #15
  16. Gally

    Gally Administrator Staff Member Admin

    Joined:
    Nov 5, 2009
    Messages:
    16,916
    Likes Received:
    12,261
    Trophy Points:
    113
    Location:
    York
    Home Page:
    Style:
    Barnsley
    Yes this is specifically mentioned in their deeds. Our deeds dont make it clear.

    1. The Purchaser and his sequels in title shall within six months from the date hereof erect (where the same does not already exist) and for ever hereafter maintain a proper and sufficient fence or hedge upon the Southerly and Northerly frontages of the said plot of land fronting to xxxxxx and to xxxxxx respectively and also upon the Westerly boundary of the said plot of land separating the same from the adjoining lands of the Vendor

    (Removed the road names ) North is towards the top of the page (yellow arrow). Our property is yellow

    [​IMG]
     
    Gally, Dec 8, 2024
    #16
  17. Red

    Red-Taff. Well-Known Member

    Joined:
    Aug 10, 2011
    Messages:
    5,272
    Likes Received:
    3,391
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    steady on Jay - 13% of properties are not registered and Deeds are often unclear.
     
    Red-Taff., Dec 8, 2024
    #17
  18. Jay

    Jay Well-Known Member

    Joined:
    Jul 18, 2005
    Messages:
    42,501
    Likes Received:
    30,185
    Trophy Points:
    113
    Location:
    On Sofa
    Style:
    Barnsley
    Sorry, point taken. But I was aiming at the 87%.
     
    Jay, Dec 8, 2024
    #18
    Red-Taff. likes this.
  19. Abruzzo Red

    Abruzzo Red Well-Known Member

    Joined:
    Jun 24, 2013
    Messages:
    5,119
    Likes Received:
    7,467
    Trophy Points:
    113
    Gender:
    Male
    Occupation:
    Retired - Formerly Gosport Tyke, 2013 - 2022
    Location:
    Vestea
    Style:
    Barnsley (full width)
    Looks like you and @Bossman have country estates :D:D
     
    Abruzzo Red, Dec 8, 2024
    #19
    Bossman likes this.
  20. Gally

    Gally Administrator Staff Member Admin

    Joined:
    Nov 5, 2009
    Messages:
    16,916
    Likes Received:
    12,261
    Trophy Points:
    113
    Location:
    York
    Home Page:
    Style:
    Barnsley
    There's no T on either deed plan, only the restrictive covenant above. :(
     
    Gally, Dec 8, 2024
    #20
Page 1 of 3

Share This Page