Who owns the fence?

Re: Who owns the fence?

Postby cashlesssociety » Sun Jul 24, 2016 8:19 pm

The house was sold to a friend so details were never posted at an estate agent or on the internet. This was just after she registered it with the land registry for the first time.
On reading the deeds it seems like the ROW for that path was taken away in the 1950's.
The point for me is if this is the boundary feature and if by usage they can claim the land that has been used by Adverse possession.

We managed to find the previous owner of this house who said he built the fence behind a fence put up by the neighbour and then the neighbour took his own fence down.
He seemed to think the path had a ROW but I dont think he is right.
This is good news
cashlesssociety
 
Posts: 15
Joined: Tue Jul 19, 2016 8:24 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Re: Who owns the fence?

Postby mr sheen » Sun Jul 24, 2016 9:03 pm

This is not good news for you. The previous owner has confirmed that the neighbour put up a fence to mark his boundary years ago and the current fence was put up against it. This info implies that both neighbours previously accepted the area of the fencing as the boundary.
mr sheen
 
Posts: 2093
Joined: Fri Feb 27, 2009 3:33 pm

Re: Who owns the fence?

Postby cashlesssociety » Sun Jul 24, 2016 10:10 pm

It is good news regarding ownership of the fence and not the boundary but many posters seem to think I am on a lost cause with the boundary on here.
The last owner of this house put a picket fence up to contain his dog. Not sure that makes any difference.

In the next few days a friend is calling in a favour and I will be able to have a chat with one of the top "real estate" lawyers who works for an american company in their London office.
This is his speciality so hopefully I will get a better understanding of where I stand.
cashlesssociety
 
Posts: 15
Joined: Tue Jul 19, 2016 8:24 pm

Re: Who owns the fence?

Postby cashlesssociety » Sun Jul 24, 2016 11:02 pm

More information:

In 1957 when the neighbouring house was bought a conveyance was set up to take away the ROW as the purchaser would not proceed unless this was done.
I have a copy relating to the changes regarding my house. It is a little difficult to read and understand.

When I downloaded the property register from the Land Registry regarding my neighbours property these details were shown

1 The freehold land shown edged with red around on the plan of the above title filed at the Registry ( This is consistent with the boundary feature being the path, running from the edge of my property to the end of the garden ). this was registered in 2013

2 The land has the benefits of the rights granted by but is subject to the rights reserved by a Conveyance of the land in this title ( Conveyance dated the same time as with my house )

Note: Copy filed ( I guess I need to read this, hopefully I will be able to apply to the Land Registry to do so )

3 The Conveyance referred to above contains a provision as to boundary structures.
cashlesssociety
 
Posts: 15
Joined: Tue Jul 19, 2016 8:24 pm

Re: Who owns the fence?

Postby arborlad » Mon Jul 25, 2016 6:21 am

cashlesssociety wrote:More information:

In 1957 when the neighbouring house was bought a conveyance was set up to take away the ROW as the purchaser would not proceed unless this was done.
I have a copy relating to the changes regarding my house. It is a little difficult to read and understand.



Although it is with hindsight, this should have been your action when you purchased - not proceeding until it was resolved to your satisfaction.

The time required for adverse possession is cumulative - your neighbour's time can be added to his predecessor/s.

It's worth persevering with posting images, seeing a title plan or the (anonymised) text can often add clarity to the situation.
arborlad

smile...it confuses people
arborlad
 
Posts: 7384
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Who owns the fence?

Postby despair » Mon Jul 25, 2016 8:08 am

Your conveyancing solicitor should have checked and explained all pertaining to the property when you purchased
That's what you pay them for
despair
 
Posts: 16041
Joined: Mon Mar 14, 2005 8:07 am

Re: Who owns the fence?

Postby cashlesssociety » Mon Jul 25, 2016 8:24 am

Should have, could have !!!
Yes I know but I did not and am dealing with what is now
cashlesssociety
 
Posts: 15
Joined: Tue Jul 19, 2016 8:24 pm

Re: Who owns the fence?

Postby despair » Mon Jul 25, 2016 11:22 am

They are responsible and should sort it out

complain to the Law Society about them
despair
 
Posts: 16041
Joined: Mon Mar 14, 2005 8:07 am

Re: Who owns the fence?

Postby COGGY » Mon Jul 25, 2016 11:46 am

Solicitors can only sort out problems they are aware of. Normally they ask if the plan reflects the property, if the purchaser agrees then no action would be taken. It is unrealistic to expect solicitors to visit and inspect the boundary. They rely on the purchaser to highlight any problem or difficulty.
Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Re: Who owns the fence?

Postby despair » Mon Jul 25, 2016 12:14 pm

Coggy

any solicitor should have picked up on the documents relating to removal of ROW and ensured the purchaser was aware
thus they could have checked more carefully what was happening
despair
 
Posts: 16041
Joined: Mon Mar 14, 2005 8:07 am

Re: Who owns the fence?

Postby COGGY » Mon Jul 25, 2016 9:55 pm

Hi

It does look as though the solicitor and the OP were aware as the OP states the following:-

cashlesssociety wrote:
More information:

In 1957 when the neighbouring house was bought a conveyance was set up to take away the ROW as the purchaser would not proceed unless this was done.
I have a copy relating to the changes regarding my house. It is a little difficult to read and understand.

Presumably this document was given to him when he purchased. Therefore it is too late now to dispute the matter.

Coggy
COGGY
 
Posts: 1355
Joined: Tue Feb 21, 2012 10:58 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 
Previous

Return to Boundaries

Who is online

Users browsing this forum: Bing [Bot] and 3 guests

cron