Subjective Boundaries?

Subjective Boundaries?

Postby Palo » Mon Jan 02, 2017 3:48 pm

I live in a maisonette there are 4 to a block each has its own front garden & back garden these were open plan in the beginning however over time fences have been put up by residents,there is mixture of council tenants & leaseholders who have purchased their property on a leasehold from the council or from someone who has.

A council surveyor recently visited my property for a spot check & the conversation turned to boundaries as he inspected my garden ,my neighbour has a fence that divides our garden from his then a wall that sticks out from the line of the fence by 3-4 inches then roof eaves that protrude a further 3-4 inches meaning the boundary is staggered.

I asked the surveyor which line was the correct boundary he replied Ahh well the boundaries are subjective because its the council that holds the freehold to all the land therefore any boundary within that is subjective as the boundary is the edge of the freehold,but on the plans it clearly marks out the boundary of each garden so which do I follow the 1 on the deeds or the council view as 1 means the wall is in the wrong place.
Palo
 
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Re: Subjective Boundaries?

Postby Collaborate » Mon Jan 02, 2017 6:45 pm

You follow the plan in your lease or tenancy, depending whether you own your property or rent it.
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Re: Subjective Boundaries?

Postby Palo » Tue Jan 03, 2017 6:33 am

Thank you forthe advice
Palo
 
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Re: Subjective Boundaries?

Postby jonahinoz » Tue Jan 03, 2017 7:10 am

I asked the surveyor which line was the correct boundary he replied Ahh well the boundaries are subjective because its the council that holds the freehold to all the land

Hi,

The LA will own the freehold until you claim your Right to Buy. If your council is like mine, they will them make YOU responsible for the fence. My next door neighbour is still an LA tenant, with fences on both sides of him being the responsibility of the now private owners.

John W
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