Party Wall Fences

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thefunhouse
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Party Wall Fences

Post by thefunhouse » Tue Sep 10, 2019 3:18 pm

Hi,

A bit of advice needed regarding a garden fence needed.

In my current Title documents is the following :- "A Conveyance of the land in this Title dated 22 November 1934 made between xxx and xxx contains a provision as to light or air and boundary structures."

I have the original 1934 conveyance and the relevant section states ".... and that all walls and fences dividing the property conveyed from the adjoining property ... shall be deemed to be party walls and fences and shall be used maintained and repaired as such ..." (goes on to talk about down spouts).

My questions are - can a wooden fence (rear) and a privet hedge (front) be classed as party walls or fences?

If so, are they in joint ownership to be maintained, or not, jointly?

I would add that I have repaired the fence as necessary myself over the years (30+) I have lived here and have never had any problems with any of the occupants of next door.

My house is semi-detached with no neighbour on the opposite side from the attached house.

Many thanks

Paul.

IdefixUK
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Re: Party Wall Fences

Post by IdefixUK » Tue Sep 10, 2019 6:25 pm

thefunhouse wrote:
Tue Sep 10, 2019 3:18 pm

I have the original 1934 conveyance and the relevant section states ".... and that all walls and fences dividing the property conveyed from the adjoining property ... shall be deemed to be party walls and fences and shall be used maintained and repaired as such ...
Hello the funhouse,
I assume that you are asking about the fence/hedge which currently separate you from your semidetatched neighbour. Before going much further I think that you need to establish what adjoining land your property was conveyed from. (Propery means land rather than a house). It might not be from the land you think, in which case the fence/hedge between you and your semidetatched neighbour is not the structure in question.

Regards

thefunhouse
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Joined: Tue Jul 02, 2019 12:02 pm

Re: Party Wall Fences

Post by thefunhouse » Tue Sep 10, 2019 6:47 pm

Thanks IdefixUK,

The 1934 conveyance relates to the sale of the house from the builder to the first owner. At that time the attached house was still in the builder's ownership.

There were 6 houses built on a strip of land alongside the road.

There is mention in an earlier document requiring a fence to be maintained between the strip of building land and the rest of the seller's undeveloped land but I imagine that lapsed in the 1960's when that land was developed.

Paul.

ukmicky
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Re: Party Wall Fences

Post by ukmicky » Tue Sep 10, 2019 11:27 pm

A wooden fence is not a party wall fence. It may sound odd but the word fence in the party wall act does not mean wooden fence.

A wooden fence can be shared but it doesn’t come under the party wall act legislation .

The deeds saying it is shared doesn’t mean after all these years it is now. It all depends on if the current fence is sitting in the same position as the original fence that was put up when the houses were built or if when it was replaced it was built Wholly on one of the neighbouring lands
Any information provided is not legal advice and you are advised to gain a professional opinion

Collaborate
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Re: Party Wall Fences

Post by Collaborate » Wed Sep 11, 2019 9:17 am

ukmicky wrote:
Tue Sep 10, 2019 11:27 pm
A wooden fence is not a party wall fence. It may sound odd but the word fence in the party wall act does not mean wooden fence.

A wooden fence can be shared but it doesn’t come under the party wall act legislation .

The deeds saying it is shared doesn’t mean after all these years it is now. It all depends on if the current fence is sitting in the same position as the original fence that was put up when the houses were built or if when it was replaced it was built Wholly on one of the neighbouring lands
Although it will be presumed that it does sit on the original line unless contrary evidence is provided.

IdefixUK
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Re: Party Wall Fences

Post by IdefixUK » Wed Sep 11, 2019 4:09 pm

Hello again thefunhouse,
I've just re-read this thread and it has left me wondering why you have asked the question . You say that you haven't any historical problems with the neighbours, but has something recently started to concern you or perhaps either you or your neighbour are planning some changes either on or near the boundary.
So far as I'm aware then mention of "party structures" in the title deeds is somewhat different from the operation of the Party Wall Act which seeks to protect neighbouring properties from any ill effects from someone developing or altering various structures that exist on or close to boundaries between properties. Can you give us an idea of what you would like comments about please.

Regards

thefunhouse
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Re: Party Wall Fences

Post by thefunhouse » Wed Sep 11, 2019 4:26 pm

Thanks all for your replies,

The reason for my post is that I've just registered my property with LR - the reasons why so late relate to my own ignorance of such matters along with a failure of my Solicitors at the time of purchase to do so - and when I received my copy of the Title I saw the reference to the 1934 conveyance.

When I checked that I saw the reference to Party Fences I needed assurance this there was not something that could rear up and bite in future.

I have read a lot of the posts on this site and seen what pitfalls can confront the unwary property owner and perhaps I panicked a little.

Still the responses I have been given do reassure me.

Regards,

Paul.

IdefixUK
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Re: Party Wall Fences

Post by IdefixUK » Wed Sep 11, 2019 4:42 pm

I've read threads concerning biting dogs, but biting fences would be a new one on me :D

Pleased to hear that your property is now registered. Keep hold of the 1934 deeds for prosterity

Best wishes.

thefunhouse
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Re: Party Wall Fences

Post by thefunhouse » Wed Sep 11, 2019 5:07 pm

Thanks IdefixUK,

I intend to keep all the documents returned to me when I paid off my mortgage, including the Title documents relating to the sale of the building plot. Included with them is a plan of the outline of the plot on brittle semi transparent brown paper. This if slowly disintegrating but all together the stack of paperwork provides an interesting history, along with fine examples of penmanship rarely seen in today's computer age.

Paul.

PS almost any DIY job I do has a tendency to bite me so I keep a first aid kit always handy.

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