“I love my map, I’d be lost without it.”
You may not have even considered what the exact boundaries are to your property. However, there may come a time when you will need to consider who is responsible for the boundary fence, hedge or wall and where exactly it should be positioned.
While title plans are available from the Land Registry for properties that are registered with them, there is usually no record of the exact boundary line between one property and the surrounding properties, or any details regarding who owns or is responsible for the boundary feature (i.e. hedge, wall, tree, fence etc).
To establish where the exact boundary may be usually involves obtaining as much information regarding the property as possible such as the old deeds of the property and the surrounding properties. The old deeds may contain a helpful plan with measurements that may assist in identifying the exact boundary of the property. You may wish to enlist the assistance of a land surveyor who can review the old deeds, plans and aerial photographs as well as attend the property so that they can summarise the position and provide you with their opinion.
In relation to the maintenance of the boundary feature, if the old deeds can be obtained, you may notice a “T” mark on some of the boundary lines on the plans. The “T” mark usually indicates who is responsible for that boundary as the tail of the “T” will be pointing towards the responsible property. Please ensure you check the wording of the deed itself to ensure that the “T” marks are also referred to within the text in relation to a boundary covenant.
In the absence of any helpful deeds and plans, it may perhaps be the case that one property has historically looked after a particular boundary and therefore they have taken on the responsibility of that boundary. If you still hold the paperwork from your purchase of the property, a copy of the seller’s enquiries may assist you in identifying who has historically looked after a particular boundary (only of course if this is known to the seller).
Please be aware that even if the plans may indicate your neighbour is responsible for the maintenance of the boundary it can be very difficult to compel them to put up a boundary feature or maintain it if they are reluctant to do so or if they do not have the resources. If you require legal advice in relation to this, please contact us.
If you have gathered together as much information as possible and this has not provided you with a conclusive result, you could consider entering into a boundary agreement with your neighbour to clarify the position. The boundary agreement would state where the boundary is exactly and also who is responsible for the maintenance of the boundary (i.e. who pays to replace the fence when it gets blown over, or the upkeep of a brick wall etc). Boundary agreements are usually best drawn up by a professionally qualified expert to avoid risk of any future disputes. Please contact us for a fees estimate if you require one.
The government also publishes a useful guide available on their website regarding boundaries which may be of interest: www.gov.uk/your-property-boundaries
For more information please contact jen.rayner@prettys.co.uk.