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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 7
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have recently purchased a 1920s bank managers house that

Customer Question

I have recently purchased a 1920's bank manager's house that is attached to a Bank of Scotland Branch. I am in contact with the estate manager for the bank, but we are both unclear as to what costs are to be shared. As it stands, there is a strip of land that belongs to the bank, but encroaches onto our garden. The existing fence is simply a wire and wood structure that is not safe for my toddler to be playing near. We would like to put up a more attractive and secure fence, but would like the bank to share the cost. Where do we stand with this?
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

Do you have a copy of the Land Certificate for your property. What do the title deeds say about sharing the cost of maintenance and repair on boundaries?

Does the title plan on the Land Certificate show the strip of ground that you say encroaches onto your garden?

Could it be that the physical boundary is wrong as a result of which the the fence is also in the wrong place?

If possible can you explain the position a little more?