Fence ownership

Fence ownership

Postby NickyBlake » Mon Feb 22, 2016 7:03 pm

We have a bit of an on-going dispute over the fence between our property and next door, we have been shown a plan that indicates ownership but Its not 100 % clear to one party if its being read correctly, I cant post it until 3 comments, in the mean time does anyone know where we would obtain the equivalent map ? I've tried ordering the title plan online and it shows nothing other than the plot.
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Re: Fence ownership

Postby NickyBlake » Mon Feb 22, 2016 7:09 pm

Post 2,
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Re: Fence ownership

Postby NickyBlake » Mon Feb 22, 2016 7:10 pm

Okay so I cant add the map, any ideas how i would get it here ?
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Re: Fence ownership

Postby Collaborate » Mon Feb 22, 2016 8:02 pm

When you click on "post reply", you'll see below the text box a tab for "upload attachment".

Is the plan you're going to upload from a pre-registration deed?
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Re: Fence ownership

Postby MacadamB53 » Mon Feb 22, 2016 9:00 pm

Hi NickyBlake,

so, the board's storage quota is maxed out - which means we can't attach images.

the current workaround is to upload images to a 3rd party site (I use www.tinypic.com) and then copy and paste a link to that on here.

as for the plan, unless it is referred to in the register (ie there are words which explicitly tell the reader how to interpret the plan) any 'T' marks are meaningless.

Kind regards, Mac
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Re: Fence ownership

Postby arborlad » Mon Feb 22, 2016 9:14 pm

NickyBlake wrote:We have a bit of an on-going dispute over the fence between our property and next door, we have been shown a plan that indicates ownership but Its not 100 % clear to one party if its being read correctly, I cant post it until 3 comments, in the mean time does anyone know where we would obtain the equivalent map ? I've tried ordering the title plan online and it shows nothing other than the plot.



What type of fence is it, how does it line up with any boundary features of known ownership?
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Re: Fence ownership

Postby NickyBlake » Mon Feb 22, 2016 9:28 pm

Image
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Re: Fence ownership

Postby NickyBlake » Mon Feb 22, 2016 9:37 pm

Sorry its huge !

Brief story,

We purchased 2004, fence was in place and aged slightly and house buyers details said we had responsibility for the boundary all sides,

New neighbours moved in 2011 and have wanted the current 3 ft fence raised to 6ft, they messaged a year ago saying it was our fence but they wanted the change and were happy to pay, we offered a 50/50 spilt on costs. We are currently adding an extension and again next door raised the subject of new fence, we talked long and hard between us and we just dont have the money to spend on a full change but more than that really dont want to have a 6ft fence there as it will feel much more enclosed. Today next door produced this plan, they are the property in red, and say that clearly states its their fence.

The point where the T is marked (the gap in the centre of the picture) is actually a drain cover - everything else including the neighbours pointed towards it being our fence so its bit of a surprise however im not 100 % sure its showing a T and not a break in the drain ? Her solicitor provided this plan and verbally told her its her fence. The rough side of the fence is our side. Nothing else obvious to help.

Thoughts appreciated !
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Re: Fence ownership

Postby NickyBlake » Mon Feb 22, 2016 9:39 pm

Image
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Re: Fence ownership

Postby MacadamB53 » Mon Feb 22, 2016 9:55 pm

Hi NickyBlake,

if you accept the 'T' marks on the plan indicated ownership, they show all the boundary features which surrounded the property shaded red were included as part of the property at the time the plan was made - except for the internal wall which was only partially included (ie it is a party wall of shared ownership).

Kind regards, Mac
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Re: Fence ownership

Postby NickyBlake » Mon Feb 22, 2016 9:58 pm

So its definitely my neighbours (red property) fence ?
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Re: Fence ownership

Postby Collaborate » Mon Feb 22, 2016 10:03 pm

I agree it's unclear whether or not it's a T mark.

What do your deeds say? You'd need to look at your pre-registration deeds.
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Re: Fence ownership

Postby NickyBlake » Mon Feb 22, 2016 10:14 pm

Sorry to be stupid but where do i obtain those from ?

I appreciate the help !
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Re: Fence ownership

Postby arborlad » Mon Feb 22, 2016 11:24 pm

NickyBlake wrote:The rough side of the fence is our side. Nothing else obvious to help.

Thoughts appreciated !



Is it a featheredge fence with a post and rail type construction?

How old are the properties, could the fence be original?
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Re: Fence ownership

Postby MacadamB53 » Mon Feb 22, 2016 11:34 pm

NickyBlake wrote:So its definitely my neighbours (red property) fence ?
only if you accept the plan does indicate ownership...

other members of the forum have posed a couple of questions which will help.

Kind regards, Mac
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