A property law expert explains how to settle who is responsible for a fence
Neighbours can get into nasty disputes over who owns the fence – especially if it needs repairs(Image: Getty Images)
A property law specialist has outlined what homeowners can do when a neighbour is being ‘awkward’ about who’s responsible for a fence or hedge. Some believe it’s always the left-hand boundary that belongs to you – but that’s not necessarily true, lawyer Denise Nurse informed BBC Morning Live audiences.
The only method to be completely certain is to obtain the full title plans from the Land Registry – and it’s remarkably straightforward, she explained. Ms Nurse said: “The first thing is we should most of us have title plans. They’re available from the land registry. You can literally go online and apply for that. It costs £3. If you want an original, it’s £7. So, it’s not much. What that will show you is usually the red line etching of what’s your property.
“Now, that is not cast in stone. It’s not exact. It’s just based on their ordinance survey to show you generally what your boundary is.” She was appearing on a programme focused on neighbourly disputes – and explained there are numerous approaches to settling them – though communication works best: “So, it it might give you some ideas and give you a starting point for discussing with your neighbour.
“The next thing to do just go and talk. But if we actually have a conversation, we can again get rid of a lot of those myths. Just make an agreement. This is yours. This is mine.” Regarding title plans, she explained that a small marking is crucial for determining where responsibility falls.
She said: “The other thing is you may have heard of a T- mark when you get the plan, which is literally horizontal vertical line looks like a T. Now what that denotes is if there is one on your plan, and there isn’t often, who’s responsible for a boundary line? So that question of who’s responsible for the fence, if you’ve got that on your plans, it might indicate that again, I’d get it checked and agree with your neighbour. It’s not necessarily cast iron.”
Nevertheless, there may be occasions where no clearly defined boundaries exist – and that’s when difficulties begin. Ms Nurse said: “The starting point is always to have a discussion with your neighbour if you can work it out and then agree with each other. Large tracts of land can get a bit messier.
“But if you want to be exact and you actually want to know what’s mine, I would get a property surveyor to come in, a chartered surveyor to come in and do that work because it actually involves going back in time, looking at the old conveyance and deeds and all those title plans from years ago and the old drawings.
“And when you do that, do it with your neighbour. Don’t just go off and get it done. Talk to them and say, ‘I’m thinking of doing this. Wouldn’t it be great if we were really clear on what’s ours, what’s mine, what’s yours? Why don’t we come together, pay for it jointly?'” She explained that individuals pursuing this route could face costs ranging from a few hundred to several thousand pounds. Ms Nurse added: “Then at least we’ve got an agreed solution. And then once you’ve got that, you can then apply to the land registry to have that boundary agreement put on your title.”
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“If you get to that point and you’re dealing with someone difficult, it’s not going to go anywhere. Mediation is the next step, really, and there are a couple of great things out there to help you. So the Royal Institution of Chartered Surveyors and the Property Litigation Association have come together to put together a great mediation package for boundary disputes. So go there.
“There’s a protocol to follow about what documents you need to find. And if the other person is then not willing to do that or that doesn’t resolve it, only then go to litigation because it will be expensive. And the final thing I really want to say on this is that when you’ve got a dispute, you will have to declare it, disclose it if you want to sell your property. So there is a risk you’re going to devalue the property. You’ll be disclosing obviously issues you’re having. So try to resolve them first.”
