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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 10227
Experience:  I have been practising for 30 years.
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The Conveyance I referred to in my previous comment was

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The Conveyance I referred to in my previous comment was dated 1947 which is apparently just representing the land before properties were built on it. My neighbour has told me these houses were not built until the 1960's so I do not know if the same boundary stipulations apply. I have since spoken to other neighbours in this block of houses who have told me that they are definitely responsible for the right hand boundary of their properties. This means my left hand fence is my neighbours responsibility, and if the right hand side is not my responsibility surely that would mean I am not responsible any boundary walls or fences? This cannot be the case surely. I must be responsible for at least one side. Another question I would like to ask is regarding an electric cable. The back of my neighbours shed has flat grey electric cable running down the back which is facing into my garden. I thought that it should have armoured protection or some sort of insulation covering it. My Dad is an electrician and he says this is bad practice and actually dangerous as it is directly exposed to sunlight making the cable susceptible to becoming brittle and damaged. Do you think it should be protected. Many thanks. Joanne
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Customer: replied 1 year ago.
that's fine. I'm prepared to wait thank you.
Customer: replied 1 year ago.
This is the type of electric cable I was referring to. Thank you.
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Thank you for your patience,

I will try to assist you with this.

The cable looks like a 6 mm Flat Twin & Earth cable. It was designed originally to go inside a covering or under plaster and your father is quite right, over time, the exterior will degrade with ultraviolet light. It will however take many years. The practice of putting such cables outside properties is not uncommon.

Surprisingly, with regard to underground cables or cables on the outside of houses, whilst there is good practice, there is no statutory requirement to cover such cables as this one or to bury any underground cables at a particular depth.

However, if the cables are not deep enough or unprotected, and as a result, someone gets injured, then whoever put the cable in place could face a claim in negligence.

In this case, if you are concerned about this, and as you have already raised the issue you are now “of the knowledge” of the potential to be injured by this (albeit an extremely remote possibility) and hence, if you were injured, it would reduce any claim that you make.

What you should do is put your neighbour on notice of the potential danger from this that if anyone is injured as a result of any deterioration of the cable or as a result of it not being protected, he will be liable.

I’m not certain what you are asking about the boundaries. If the deeds say that the boundary on the left belongs to one property and the boundary on the right belongs to another property, then obviously that is their responsibility but it does not compel them to do anything with it. They can let it fall down or remove it.

If the responsibility for the left and right boundaries was for a very large plot in 1947 which had then been divided into small plots, the liability with regard to the large plot boundaries remains with the large plot and does not pass down the line to the smaller plots when subdivided in the 1960s.

If there is no mention in the deeds of who owns or is responsible for which boundary, left or right, there is no convention, contrary to common belief, that one property owners the boundary on one side and the other one on the other side.

Can I clarify anything for you?

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F E Smith, Advocate
Category: Law
Satisfied Customers: 10227
Experience: I have been practising for 30 years.
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