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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10635
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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I've been in my property years. The purchase from the

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I've been in my property for 2 years. The purchase from the previous owner involved transferring part of the overall title he owned. Basically he sold the barn (and curtilage) but retained the wider 6 acres for himself (consisting of farmland and some outbuildings).The TP1 outlined the various easements and covenants, in particular in relation to boundaries the TP1 states an agreement that: "The fences and hedges marked with an inward facing 'T' on the Plan are owned by and shall be maintained in good repair and condition by the party owning the land on which the 'T' marks as shown.".Most of the "T" marks on the plan are on my neighbours land.I want to erect privacy fencing along part of the boundary, fully within my land - on my side of the boundary. There is no existing fencing along the portion I want to fence only a small crop of evergreen conifers that could be considered a "hedge" and a dilapidated garage which stands on my neighbours land that both form part of the boundary along the portion I wish to fence.My question is, even though the agreement states fences and hedges are owned and maintained by my neighbour, I am perfectly within my rights to erect fencing along this boundary as long as all posts & panels are on my land (nothing will be fixed to anything on my neighbours land)?My understanding is legally no one "owns" the boundary itself (it's a zero-thickness, invisible line between the two lands). Therefore the agreement above & "T" marks on the plan aren't an indication of *boundary* ownership, only that any existing structures (fences) or hedges are his concern to repair if he wishes to do so.Basically if my neighbour tells me I can't erect the fencing because "he owns the boundary" - I can tell him that's tosh!
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your enquiry.You are 100% free to put any fencing up you deem fit on your land, and within the boundary line.As regards ***** ***** the fact that he is responsible for maintaining the boundary line, means he has a positive obligation to put up and maintain a full boundary fence along the boundary line. The fact that he has not done this is not a problem in itself, although if you wanted to, you could ask him to do so. If he didn't comply, it would mean you having to take him to Court, mind you!The only thing you need to be aware of by placing a fence on your land is that in years to come, your neighbour may try and "claim" that slither of land between your boundary fence and the "true" boundary line, if he possesses it to the exclusion of you. Under the adverse possession laws, if a party possesses land which does not belong to them for 10 years or more, without hindrance or objection from the true owner, he can make an application to the Land Registry for possessory title of the land, if he has possessed it and used it as his own land.I hope this assists and sets out the legal position.Kind RegardsAl
Customer: replied 1 year ago.
Thanks Al.The main problem I can foresee is the boundary line itself. It's simply a red line a few mm's thick on my title plan - in reality how can I be absolutely sure I'm within/upto the boundary without putting the fence a impractical but clear distance inside my land?Can I reasonably assume the "face" of the dilapidated garage is on the boundary on my neighbours side so put my fence post right upto (but not touching) it?I can provide a photograph if it'd help.Cheers
Customer: replied 1 year ago.
Image showing my gate and the wooden front of my neighbours garage with the gutter paving in between (although my gate post is inline with it)
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your reply.Please note that the Land Registry title plan is only for identification purposes only and can not be seen as the true legal boundary between the 2 properties- however daft that sounds. To ascertain the true legal boundaries between the properties, you have to rely on physical features and any fully scaled Plans which may be within any Conveyance or Transfer document pertaining to your property and which was used when first registering your property at the Land Registry.Looking at you photo, I think we can safely say that the face of the garage is on the boundary line and would be construed as the physical boundary line, as it obviously has been there for years.I hope this assists.Kind RegardsAl
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