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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
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Experience:  Over 20 years experience
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Our neibour proposes to add trellis to what we believed is

Resolved Question:

our neibour proposes to add trellis to what we believed is our boundary fence (marked with inward facing T on our plan) which we object to.
I spoke with my neibour who to my suprise produced a map also showing he is responsible (inward T on his plan also). what is the best way to proceed with this?
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
It is not unusual for there to be the odd mistake on deeds and plans. The 't' as you have correctly identified normally confirms which owner owns or maintains the boundary fence - it may well be the case that the boundary fence in your situation truly forms the boundary line and may well also have been purchased originally by both property owners. This is not normally considered to be an issue - in truth it means that he would be able to maintain a trellis on the fence. The reality is that the fence is your joint responsibility and ownership. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.

so just to be clear

In 1993 it's likely the builder has sold my property including the boundary fence to the original buyer. A few years later 1999/2000

a different builder has sold the neibours on the other side of the fence their property and the fence.

meaning both properties have been registered with deeds at different times that oblige the owners to maintain the same fence.

How can the other builder sell something that is not his to sell?

Expert:  Thomas Judge replied 1 year ago.
‘T’ marks on deed plans which are not referred to in the text of a deed have no special force or meaning in law and unless an applicant specifically requests that the ‘T’ marks be shown on the title plan. Happy to discuss. Please rate positive
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Customer: replied 1 year ago.

Not sure I understand what you are saying, My deeds refer to the 'T' marks on the plan in relation to maintaining the fence in question.

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