How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Property Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Property Law Question Here...
Stuart J is online now

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: 4 years ago.
Category: Property Law
Expert:  Stuart J replied 4 years ago.
Is this a party fence?
Customer: replied 4 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 4 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?





This Can I help further?





Please bear with me today because I will be online and
off-line.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for
free.

If you don't rate it positively, then the site keep your deposit and I get 0
for my time. It is imperative that you give my answer a positive rating. It
doesn't give me "a pat on the head", "good boy" (like ebay), it is my
livelihood!

If in ratings you feel that you expected more or it only helped a little,
please ask me for further info before rating me negatively otherwise I don't
get paid at all for my time and answer.

The thread remains open.

Thank you.



Related Property Law Questions