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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
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Experience:  Experienced solicitor
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I am trying to establish who owns the boundary on the left

Resolved Question:

I am trying to establish who owns the boundary on the left side of our house as you look at the house from the road. My understanding is we do. We have a boundary on both sides of the garden and our neighbour to our right agrees that he owns the fence and is responsible for its upkeep on our right hand side - no issue there. Our neighbour to the left has just hacked and cut our ivy hedge down stating he is responsible for the hedge boundary and can do what he likes. I am furious. I have been onto the Land Registry online and obtained copies of our Plan and Title. The plan simply has a solid line around the whole edge of our property. The Register of Title appears to make no mention of boundary ownership at all. It says the Freehold is the land shown edged in red on the plan - but I assume our neighbour to the left will have the same. The other point made in the title is in a written language I cannot decipher:
"The Conveyance dated 3 June 1971 referred to in the Charges Register contains the following provision:
It is hereby agreed and declared that the property hereby conveyed is subject to all rights and easements affecting the same and hitherto used and enjoyed by the owners and occupiers of the adjoining and neighbouring properties but with the benefit of such rights and easements over said adjoining and neighbouring properties as have hitherto been used and enjoyed by the owners and occupiers of the said property hereby conveyed."
Please advise if this paragraph above sheds any light on boundary ownership.
Thank you
Submitted: 12 months ago.
Category: Property Law
Expert:  LondonlawyerJ replied 12 months ago.
Hello, I am a solicitor with 20 years experience. I will try to answer your question.That paragraph does not help it is just a catch all clause to make sure nothing has been forgotten in the conveyance. You need to look at the transfer deed or plan. The conveyance deed (or the transfer deed) may express in words the boundaries for which the owner of the property is responsible. If it does not then the conveyance (or the transfer) plan may employ the convention of applying a T-mark to those boundaries for which responsibility rests with the owner of the property (as in the diagram at right). If responsibility for the boundary is shared (for example, in the case of a "party fence wall") then an H-mark (effectively two T-marks mirrored on the boundary line) is the conventional symbol that is used.If the deeds are silent on the question of responsibility for the boundary then you may have to work on the basis of the information given in the Seller's Property Information Form by the vendor at the time you bought your property.It is sometimes possible to infer who is responsible for a fence by establishing the pattern of fence ownership along the same side of the street
Customer: replied 12 months ago.
Thank you. Will the conveyance deed (or the transfer deed/transfer plan) be lodged with my bank as we have a mortgage? I don't appear to have a copy at home. I had read about the T marks and the H marks on a plan and hoped when I bought the Registry Plan that these would show up but they don't. Interestingly the information given in the Seller's Property Information Form provided by the vendor at the time I bought your property does state I am responsible for the left side boundary but my neighbour just dismissed that and said he was right!! My neighbour on the other side has indicated he is responsible for the boundary on the left side of his garden (which makes me right in this dispute) but I presume I will need to go along the road and ask others. I am still wanting real hard evidence though.
Customer: replied 12 months ago.
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Expert:  LondonlawyerJ replied 12 months ago.
the bank/building society should have it. Your old conveyancing solicitors may have it or a copy ( not suer if 1971 was your conveyance or the original conveyance). The pattern along the street would be good evidence of what the position is re boundary rights and responsibilities.
Customer: replied 12 months ago.
We bought the house in 2004 so I think 1971 was a prior conveyance. Thanks for your help though!
Expert:  LondonlawyerJ replied 12 months ago.
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