BOUNDARIES MATTER

They certainly do in cricket but we are more concerned about the ones outside our front and back door. Everyone has an opinion about them, not least which side of your property is your boundary responsibility. There is no clear-cut answer to this. The definitive answer is in the legal paperwork of the property, the transfer, or, conveyance deed. An inward facing ‘T’ signifies the side of the fence line which has responsibility for that boundary. An ‘H’, two inward facing ‘T’s, identifies the boundary as being of joint responsibility of the parties on either side.

One of the common issues of boundaries relates to the condition of fences. A poorly maintained boundary can lead to the kids or pets getting through onto the neighbour’s land and causing anxiety to the other party. If your neighbour has a poorly maintained fence there are a number of solutions. The most obvious one is to discuss the matter between yourselves to try and reach an agreement or compromise. Another possibility would be to erect a fence on your side of the boundary line. You would then be responsible for the ongoing maintenance of this structure.

Boundary disputes are a constant source of distress to many individuals and can be brought about by the most innocent of matters. Issues can concern the position of a fence or hedge and may relate to a matter of a few centimetres or several metres. I am often asked by clients to go out to look at a boundary, sometimes the solution is quite straight forward and if all parties can meet then the issue may be able to be resolved without difficulty. If one party is still unsatisfied then it may be the only solution is to put the matter in the hands of a solicitor and take the issue to court but this can prove very expensive and any boundary dispute must now be declared on your property information form when you are selling your home.

One aspect relating to a property which is rarely checked during the buying process is the position of boundaries. A simple check of the boundary against the land registry title plan can save a lot of hassle in the long term. If you are buying from a distance this may be difficult so it may be something that I may be able to assist you with and give you guidance if any anomaly arises.