Probably the most frequent question I get asked by clients who are buying a new property is “who is responsible for the boundaries?”. You might think that is a straight-forward question to ask but it is not always a straight forward question to answer.
Most people will want to live in their house harmoniously with their neighbours, but as soon as one of them mentions the fence needs repairing, all hell can break loose!
Some property deeds will set out who is responsible for what boundary. In most modern housing estates, there will be a plan which clearly defines the extent of your property and what boundary you will be responsible for maintaining and is usually marked with an inward “T” on the plan. The deeds may go on to say “all other boundaries are party” which means they are maintained and repaired by the people who use them so, if a fence separates your property and next door’s property, you will be responsible for half the cost of the upkeep.
A “party wall” or a “party fence wall” is defined by the Party Wall etc. Act 1996, and this Act is crucial if you want to carry out work on or near any boundary structure. The Act contains strict requirements for the service of notices on any adjoining owner before any work can be carried out to any affected boundary structure. We would always recommend that you consult a surveyor specialising in party wall matters if you intend to carry out any alterations to the Property which might affect any party wall or if you intend to erect any new building within 6 metres of any boundary of the Property.
The records at the Land Registry are also not always entirely clear so it is worth checking any historic deeds, if you have them, just in case there is an indication on how the boundaries are managed within them. Having said that, we do find that in older properties, the legal title is often silent on boundary ownership and often the deeds do not have accurate plans in them that might otherwise help. When this happens, it is difficult to establish who is responsible for maintenance and what your share of the cost might be.
A large proportion of people do not know who is responsible for their boundaries and this only comes up for discussion when it needs replacing or repairing. If you have an unresponsive or uncooperative neighbour, you might find yourself heading for the Courts.
It is therefore important that your lawyer asks these important questions when carrying out your conveyancing transaction and here at WBW we have a wealth of experience in both property law and dispute resolution. If you would like further information, please contact Gill Bratcher, a Partner in our Torquay office, by telephone on 01803 407663 or email gillbratcher@wbw.co.uk.
WBW has offices in Torquay, Paignton, Newton Abbot, Exeter, Bovey Tracey, Exmouth, Honiton, Sidmouth, Launceston, Axminster, Chard and Seaton.
This article is for general information only and does not constitute legal or professional advice. Please note that the law may have changed since this article was published.
