Anyone good with conveyencing / border questions?

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

  1. Sco

    Scoff Well-Known Member

    Joined:
    Aug 18, 2011
    Messages:
    9,016
    Likes Received:
    7,730
    Trophy Points:
    113
    Occupation:
    The interface between business and technology
    Location:
    Brampton by the Sea
    Style:
    Barnsley (full width)
    Many, many houses have houses across the back with a fence between them. If the fence to the left of the garden is yours, and their left is theirs, who owns the shared fence between the two houses...
     
  2. sadbrewer

    sadbrewer Well-Known Member

    Joined:
    May 14, 2006
    Messages:
    9,783
    Likes Received:
    4,847
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    A very timely piece in this week's papers.

    https://www.thisismoney.co.uk/money...en-fence-neighbour-refusing-pay-share-do.html
     
    Gally likes this.
  3. Dar

    Darfield138 Well-Known Member

    Joined:
    Nov 18, 2018
    Messages:
    2,197
    Likes Received:
    2,743
    Trophy Points:
    113
    Style:
    Barnsley (full width)
    As someone who's been involved in a couple of legal disputes re property. Some advice from what I picked up along the way:
    General principles:
    Something on a deed will always over rule a plan. It doesn't matter there is nothing on your title plan, the deed is very clear and the plan just assists with interpretation
    A covenant involving land is always for the benefit of the land. That means you obtain those rights when you buy the land
    A legal saying that he who seeks equity must do equity. This means that is you want a fair solution from a court then you must act fairly yourself.
    Most important, the only real winners if you can't sort anything out amongst yourselves are the lawyers!!!

    In your case you have what I would expect to see: The person who sold the land neighbouring yours wanted the purchaser to put up a fence and thereafter maintain it as a condition of selling it for the benefit of his property. You inherited that right when you bought your house

    I would go round and see your neighbour and politely point this out that it appears to be his responsibility. See what he/she says. If they don't agree then write to them with a copy of the deeds. If they still don't agree then I would suggest there is probably no love lost and then it's a solicitor's letter (after instructing one).

    They should repair the fence to match the existing fence. If it has gone altogether then something in keeping. I would suggest that if you want something more fancy then be prepared (without prejudice) to make a contribution.
     
    Gally likes this.

Share This Page