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[Help] Boundary Walls
- Thread starter Murray 17
- Start date
In a nutshell - no. It's all presumptive and 'on balance' and so on.
Have a look through here https://nortr3nixy.nimpr.uk/threads/fence-dispute-who-owns-it.393139/
Weststander
Well-known member
From HM Land Registry online buy the title map plan. Very cheap. Or seek the plan with the title deeds.
Per LR:
“If the register or any filed deed(s) do contain information, the most common marking on deed plans indicating who owns and is responsible for the maintenance and repair of a boundary feature, is a 'T' mark. Such a mark normally means that the owner of the property into which the 'T' extends owns the boundary feature and is responsible for its maintenance. But you must also read the wording in the deed to make sure this is the case”.
Per LR:
“If the register or any filed deed(s) do contain information, the most common marking on deed plans indicating who owns and is responsible for the maintenance and repair of a boundary feature, is a 'T' mark. Such a mark normally means that the owner of the property into which the 'T' extends owns the boundary feature and is responsible for its maintenance. But you must also read the wording in the deed to make sure this is the case”.
- Jul 10, 2003
- 27,772
My advice would be try and get on with your neighbours and split things that affect you both.
Unfortunately I worry that this advice is too late
Unfortunately I worry that this advice is too late
A mex eyecan
Well-known member
- Nov 3, 2011
- 3,875
land register should show a T on documents. If the T is in your garden then typically you own the boundary next to it
Weststander
Well-known member
My advice would be try and get on with your neighbours and split things that affect you both.
Unfortunately I worry that this advice is too late
I admire your diplomacy with a dozen neighbours
.
Murray 17
Well-known member
- Jul 6, 2003
- 2,163
- Thread starter
- #8
Not too late. It's in its very early stages. My official copy of register of title states another wall is my responsibility. No mention of this wall.My advice would be try and get on with your neighbours and split things that affect you both.
Unfortunately I worry that this advice is too late
Murray 17
Well-known member
- Jul 6, 2003
- 2,163
- Thread starter
- #9
Not too late. It's in its very early stages. My official copy of register of title states another wall is my responsibility. No mention of this wallMy advice would be try and get on with your neighbours and split things that affect you both.
Unfortunately I worry that this advice is too late
Yes. However, the title plan map (the one with the red lines on) rarely have the 'T' marks on them. They are more likely to be found on the original title deeds - if they have been kept (many are now thrown away once the land is registered).
Also, the 'T' mark is a 'presumptive' thing - ie: not 'definitive' as per the OP's request. Note the terms 'normally' and so on.
It is generally accepted that it means maintenance on the tail side. And whilst we might also assume it means ownership - case law (Lanfear v Chandler [2013] EWCA Civ 1497) says that's not necessarily so. "The court rejected the assertion that T marks give rise to a presumption, even a rebuttable one, as to the ownership of the boundary feature and indicate the boundary."
Weststander
Well-known member
Is the wall that your responsibility opposite the one we’re discussing? Buy a LR title plan search on the neighbour’s property.
Weststander
Well-known member
My post used LR advice that you must also read the wording in the deed.
- Jul 10, 2003
- 27,772
I admire your diplomacy with a dozen neighbours
I have two neighbours who are absolutely delightful. Apparently they say similar
- Jul 10, 2003
- 27,772
Is it a shared property wall with next door, or a garden wall ?
*edit* Just seen it's Garden. Whenever we have needed to do work on our garden fences, we have always gone halves with the neighbours and I'm not even sure anyone knows who's responsibility those fences are
We have three fences and two neighbours, so one is fairly obviously ours, but those bills have never gone over about 2.5K. I would always start with chatting to the neighbours. Good luck
Last edited:
CAPTAIN GREALISH
Well-known member
- Jan 6, 2010
- 2,625
Weststander
Well-known member
Baldseagull
Well-known member
If it is a retaining wall, it is nearly always the property of the land it retains. It could be a Party fence wall, and responsibility for it is joint, or a boundary wall, in which case it will be wholly on the land of the one land owner, and if you have any dimensions on deeds it could help work it out.
- Mar 1, 2021
- 557
This. We have a corner property so one wall is clearly ours. The other side is a fence and we share maintenance with our neighbour.Is it a shared property wall with next door, or a garden wall ?
*edit* Just seen it's Garden. Whenever we have needed to do work on our garden fences, we have always gone halves with the neighbours and I'm not even sure anyone knows who's responsibility those fences are
We have three fences and two neighbours, so one is fairly obviously ours, but those bills have never gone over about 2.5K. I would always start with chatting to the neighbours. Good luck
dejavuatbtn
Well-known member
We have an 8 foot 300 year old flint wall at the bottom of our garden! After we moved in a neighbour told us that a section they owned had fallen down and the insurers refused to cough up as it had not been maintained properly. It cost them a fortune to rebuild. As a result we had our bit re-rendered by a flint wall specialist, both sides, which cost over £3k. Expensive things these walls.