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Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22388
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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I own a property whose garden fence adjoins a property owned

Customer Question

I own a property whose garden fence adjoins a property owned by a Housing Association
They wish to replace the fence within 2 days - do they have the right to do this without any
written notification of works. They cannot prove to me that this is their fence. Also do I lose any rights regarding this piece of land in future development of this land.
Submitted: 3 years ago.
Category: Property Law
Expert:  Stuart J replied 3 years ago.
Is this a party fence?
Customer: replied 3 years ago.

I believe it is as the fence is inward to my garden, and the fence on the other side was deemed as ownership unknown Land registry office says that I need to get a conveyancing document from March 1938 before the house was built. My Title deeds state NOTE: Neither T Marks nor building line appear on the conveyance plan, then under Restrictive Covenants

" To forever maintain on the sides of the property hereby conveyed which are marked with a T on the said plan within the boundary of the property .... but again has a note saying that no building line referred to in clause 2 above was shown on the conveyance plan supplied.

Expert:  Stuart J replied 3 years ago.

I'm sorry to have to tell you
that you having the good side of the fence or the bad side of the fence or the
boundary on the left hand side or the boundary on the right-hand side is an
urban myth and does not denote who owns the fence.

It appears that the deeds say
that you are responsible for the boundaries with a T mark, but there are no T
marks! Amazing.

If they want to replace the
fence, I would let them provided the fence type is acceptable to you.

They cannot actually do it however without your consent if ownership cannot be determined

If they own the land I cannot
see that who owns the fence affects you one way or the other regarding the
land. What was your concern?

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Thank you.

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