Have organised for my deeds to be "loaned" to my local Natwest bank for my
viewing. Basically, I am trying to find out if I own a fence which has come
down in the winds last month. It has taken 3 weeks to get to the stage
where I can view the deeds, but that's another story.
Anyway, went to the branch today to view the deeds but could not find the
document which shows which fences I own, and concrete evidence of my
boundaries. There was a "Charge Certificate" which had reference to
boundaries I own being marked with a "T". Then, on the last page of the
Charge Certificate was a diagram showing my property, highlighted with a red
marker pen showing the supposed boundary. There was no "T"'s anywhere on
I asked the lady at the branch is she had any knowledge of deeds to which
she promptly said no. She did ring the mortgage sender and they said ALL
documents pertaining to the deeds have been sent over.
As far as my limited knowledge stretches, in England it is the convention
for the left hand boundary fence to be the responsibility of the "owner",
thus giving each owner one "side" fence, in the majority of cases. The one
at the end of my garden is the responsibility of my neighbour because it was
built in a modified position after the sale of land to extend his garden and
this condition was written into the sale. No doubt there are far more
complex situations than this but in the absence of any differing information
I would attempt to apply this "rule of thumb" until anyone could come up
with alternative written evidence.
AIUI there is no requirement to fence your property, unless your deeds /
lease / useage, e.g. livestock, require it. In practice it usually comes
down to what you want, a friend has just paid to have his neighbours fence
replaced simply because it was falling down and the 'owner' said he didn't
care and wasn't going to do anything abut it - but, of course was quite
happy to have it replaced free. So at the end of the day my friend has
restored his security which was his major concern, albeit it cost him a bit.
There is also a myth that fences have to have the arris rails on the owners
OT: I have also been told that the original requirement to fence UK railways
was not to keep the public off the railways but to keep the passengers off
the landowners property (but that's a bit before my time!).
Point well made...!! When we moved here, the diagram / sketch thingy
(scale: one light year = 1 micron) did indeed have our bit outlined in
really fat marker pen. Only after we moved in did we discover how little is
actually ours :-(((
On my deeds drawing the little "T" are attached to the owners side of the
fence and look like bits of drawing..
Look very carefuly at the fence line and see if there are bits sticking out
(the Ts) on the owners side.
HomeOwnersHub.com is a website for homeowners and building and maintenance pros. It is not affiliated with any of the manufacturers or service providers discussed here.
All logos and trade names are the property of their respective owners.