What Boundary Am I Responsible For?
“What Boundary Am I Responsible For?” Timms Conveyancer, Katie Holmes, discusses in her latest blog…
With Storms Dudley, Eunice and Franklin hopefully having now passed, many property owners are beginning to survey the damage to their properties. One of the more common complaints following strong winds is damage to boundary features such as garden fences. This leads to the age-old question: which boundary is my responsibility?
How Do I Know Which Boundary Is My Responsibility?
Contrary to popular belief; there isn’t actually any legal basis to the notion that people are responsible for the boundary on the left or right of their property.
The first port of call is to check the title (deeds) to the property. Sometimes, especially with newer developments, it is possible to ascertain boundary responsibility by seeing if there is an inwards facing ‘T’. Alternatively, boundary responsibility may be declared within the title in writing. Unfortunately, most titles are silent when it comes to boundary responsibility.
Even the Land Registry are unable to help, because it’s impossible to tell (unless the boundaries have been determined) exactly where the legal boundary is. Title plans only show general boundaries based on large-scale Ordinance Survey mapping.
To avoid a potential boundary dispute with your neighbour, I would advise first checking your title to see if there is any useful information regarding boundary responsibility. If your property is registered, the Land Registry will provide you with a copy of your title, for a small fee. Otherwise, have a friendly word with your neighbour and come to an agreement between you.
How Can We Help?
If you have any questions regarding this article, or any other conveyancing issues feel free to contact me on 01332 364436 or via email at k.holmes@timms-law.com. Alternatively, visit the conveyancing section of our website here.
February 2022