fence ownership

fence ownership

Postby sumac » Tue Apr 05, 2005 10:03 pm

The fence between my house and my neighbour on the west belongs to my neighbour - this is in my deeds, and my LR entry. I've noticed from other postings that everyone puts a lot of faith in what title deeds say.

But, as far as my neighbours are concerned they are not responsible for maintaining the fence between us but for the fence on the other (west) side (that's another story). I look after fence on the east side, and the rest of the street looks after the fence on their east side.

Where does that leave me as regards replacing the fence. If I replaced the fence does it then become mine, despite what my deeds say?

Thank you for any guidance here.
Last edited by sumac on Sun Apr 17, 2005 12:52 pm, edited 4 times in total.
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Postby nigelrb » Wed Apr 06, 2005 7:47 pm

Seems you may have a problem brewing. The 'T' refering to your boundary and the one you want to fence affords legal ownership to that particular property owner - your neighbour as I understand from your posting. If you pay for and erect a fence on a property whose neighbour 'owns' the 'T' you have just GIVEN them a fence and then THEY can prevent you from doing anything to it. Disastrous but true!

This is a case where communication and agreement with with your neighbour, even for half cost, would be beneficial.
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Postby sumac » Wed Apr 06, 2005 8:39 pm

Thanks for the reply. There is no "T" on the LR map with my title deeds but it is actually stated in words under the Property Register heading that the fence belongs to the "adjoining owner".

On the ordnance survey map attached to my neighbours transfer document there is a "T" on the fence on the other side of their garden, not on the fence that belongs to them. How does that "T" hold up against my LR entry, the provision regarding ownership having been made long before my neighbours transfer document was drawn up. Does that all make sense?

Thanks again if you can help
Last edited by sumac on Wed Apr 06, 2005 9:58 pm, edited 1 time in total.
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Postby despair » Wed Apr 06, 2005 8:45 pm

Maybe someones made a monumental mistake on the transfer document

Have your neighbours actually checked their deeds

They or you can download copies from Land registry website £4 a set
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Postby sumac » Wed Apr 06, 2005 9:02 pm

I've actually checked them as well, I downloaded them. Do you think I am going to need a solicitor to sort it out?

Thank you
Last edited by sumac on Thu Apr 07, 2005 5:25 pm, edited 1 time in total.
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Postby despair » Wed Apr 06, 2005 11:39 pm

Possibly .........find one who gives a free 30 minute appt and take his advice

alternatively ask the Land registry for their advice on whats needed to correct the mistake
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Postby sumac » Thu Apr 07, 2005 5:24 pm

thanks for that, much appreciated
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