Post storm Darragh inevetible boundary question....
Discussion
So today was the day the fence I believe to be my neighbours fell down to the point I had to ask them to help me remove it and stop it hitting up against my house..
Que the inevitable conversation of us both believing the other was responsible for the fence and then some confusing wording in our title deeds.
So, to jump back in time, my neighbour on the other side took down some hedge between us with some overzealous gardening—no problem. We wanted to replace the knackered boundary fence/hedge anyway. This neighbour initially thought it was theirs, but after a quick chat, we agreed it was mine, so I had a new fence installed. Everyone is happy there.
The other side has always been a bit of a mess, the previous owners replaced some of the front fence panels before moving out as it was falling onto my driveway and risking falling onto our cars, but as they were moving out they didn't want to replace the rear garden fence which I thought was fair enough.
The new owners next door aren't the type to keep up with property maintenance, but it's not my business, so I let them get on with it and just maintain what is mine, cutting back my side of the hedges etc. They've never mentioned the state of the fence even when a dog came through from their side, acting surprised to know there is a hole in the fence!
Anyway fast forward to today... the front fence posts were rotten and have completely given up, I woke this morning to find the fence hitting up against our render, luckily not causing any damage worth mentioning. I showed it to my neighbour and sought permission to take the fence down and also take down some of the rear fence that was damaged further by the storm, he agreed but made a point that he was not convinced it was his fence and he would consult the deeds to check.
Now comes the confusion, i believe it typical for the inward T on the plans to denote the boundary maintenance obligation, the T on my deeds for this fence is on my neighbour's property but the wording of the deeds contradicts this by stating that the "West" boundary is mine to maintain (the one that is falling down) and that this is noted on the plans with the inward T.
My neighbour's deeds state the same but he is missing the inward T and only has an outward T to the next property. He told me that he has contributed toward the cost of renewing the fence of that boundary with the neighbour to that side. From this i can see his confusion and my deeds are also a little confusing but i have worked based on the drawing as I suspect most would. I think the final thing that makes me think its his fence though is that the posts are all inline with the edge of his house, to me suggesting that it is on his side of the boundary line?
I just wondered if anyone on here knows where I stand with this? I'll include the images of the plans and wording as that will no doubt give more clarity (between houses 5 & 7)-
Que the inevitable conversation of us both believing the other was responsible for the fence and then some confusing wording in our title deeds.
So, to jump back in time, my neighbour on the other side took down some hedge between us with some overzealous gardening—no problem. We wanted to replace the knackered boundary fence/hedge anyway. This neighbour initially thought it was theirs, but after a quick chat, we agreed it was mine, so I had a new fence installed. Everyone is happy there.
The other side has always been a bit of a mess, the previous owners replaced some of the front fence panels before moving out as it was falling onto my driveway and risking falling onto our cars, but as they were moving out they didn't want to replace the rear garden fence which I thought was fair enough.
The new owners next door aren't the type to keep up with property maintenance, but it's not my business, so I let them get on with it and just maintain what is mine, cutting back my side of the hedges etc. They've never mentioned the state of the fence even when a dog came through from their side, acting surprised to know there is a hole in the fence!
Anyway fast forward to today... the front fence posts were rotten and have completely given up, I woke this morning to find the fence hitting up against our render, luckily not causing any damage worth mentioning. I showed it to my neighbour and sought permission to take the fence down and also take down some of the rear fence that was damaged further by the storm, he agreed but made a point that he was not convinced it was his fence and he would consult the deeds to check.
Now comes the confusion, i believe it typical for the inward T on the plans to denote the boundary maintenance obligation, the T on my deeds for this fence is on my neighbour's property but the wording of the deeds contradicts this by stating that the "West" boundary is mine to maintain (the one that is falling down) and that this is noted on the plans with the inward T.
My neighbour's deeds state the same but he is missing the inward T and only has an outward T to the next property. He told me that he has contributed toward the cost of renewing the fence of that boundary with the neighbour to that side. From this i can see his confusion and my deeds are also a little confusing but i have worked based on the drawing as I suspect most would. I think the final thing that makes me think its his fence though is that the posts are all inline with the edge of his house, to me suggesting that it is on his side of the boundary line?
I just wondered if anyone on here knows where I stand with this? I'll include the images of the plans and wording as that will no doubt give more clarity (between houses 5 & 7)-
sbridgey said:
So today was the day the fence I believe to be my neighbours fell down to the point I had to ask them to help me remove it and stop it hitting up against my house..
Que the inevitable conversation of us both believing the other was responsible for the fence and then some confusing wording in our title deeds.
So, to jump back in time, my neighbour on the other side took down some hedge between us with some overzealous gardening—no problem. We wanted to replace the knackered boundary fence/hedge anyway. This neighbour initially thought it was theirs, but after a quick chat, we agreed it was mine, so I had a new fence installed. Everyone is happy there.
The other side has always been a bit of a mess, the previous owners replaced some of the front fence panels before moving out as it was falling onto my driveway and risking falling onto our cars, but as they were moving out they didn't want to replace the rear garden fence which I thought was fair enough.
The new owners next door aren't the type to keep up with property maintenance, but it's not my business, so I let them get on with it and just maintain what is mine, cutting back my side of the hedges etc. They've never mentioned the state of the fence even when a dog came through from their side, acting surprised to know there is a hole in the fence!
Anyway fast forward to today... the front fence posts were rotten and have completely given up, I woke this morning to find the fence hitting up against our render, luckily not causing any damage worth mentioning. I showed it to my neighbour and sought permission to take the fence down and also take down some of the rear fence that was damaged further by the storm, he agreed but made a point that he was not convinced it was his fence and he would consult the deeds to check.
Now comes the confusion, i believe it typical for the inward T on the plans to denote the boundary maintenance obligation, the T on my deeds for this fence is on my neighbour's property but the wording of the deeds contradicts this by stating that the "West" boundary is mine to maintain (the one that is falling down) and that this is noted on the plans with the inward T.
My neighbour's deeds state the same but he is missing the inward T and only has an outward T to the next property. He told me that he has contributed toward the cost of renewing the fence of that boundary with the neighbour to that side. From this i can see his confusion and my deeds are also a little confusing but i have worked based on the drawing as I suspect most would. I think the final thing that makes me think its his fence though is that the posts are all inline with the edge of his house, to me suggesting that it is on his side of the boundary line?
I just wondered if anyone on here knows where I stand with this? I'll include the images of the plans and wording as that will no doubt give more clarity (between houses 5 & 7)-
North appears to be down on that map, is that correct, so west would be your right rear boundary?Que the inevitable conversation of us both believing the other was responsible for the fence and then some confusing wording in our title deeds.
So, to jump back in time, my neighbour on the other side took down some hedge between us with some overzealous gardening—no problem. We wanted to replace the knackered boundary fence/hedge anyway. This neighbour initially thought it was theirs, but after a quick chat, we agreed it was mine, so I had a new fence installed. Everyone is happy there.
The other side has always been a bit of a mess, the previous owners replaced some of the front fence panels before moving out as it was falling onto my driveway and risking falling onto our cars, but as they were moving out they didn't want to replace the rear garden fence which I thought was fair enough.
The new owners next door aren't the type to keep up with property maintenance, but it's not my business, so I let them get on with it and just maintain what is mine, cutting back my side of the hedges etc. They've never mentioned the state of the fence even when a dog came through from their side, acting surprised to know there is a hole in the fence!
Anyway fast forward to today... the front fence posts were rotten and have completely given up, I woke this morning to find the fence hitting up against our render, luckily not causing any damage worth mentioning. I showed it to my neighbour and sought permission to take the fence down and also take down some of the rear fence that was damaged further by the storm, he agreed but made a point that he was not convinced it was his fence and he would consult the deeds to check.
Now comes the confusion, i believe it typical for the inward T on the plans to denote the boundary maintenance obligation, the T on my deeds for this fence is on my neighbour's property but the wording of the deeds contradicts this by stating that the "West" boundary is mine to maintain (the one that is falling down) and that this is noted on the plans with the inward T.
My neighbour's deeds state the same but he is missing the inward T and only has an outward T to the next property. He told me that he has contributed toward the cost of renewing the fence of that boundary with the neighbour to that side. From this i can see his confusion and my deeds are also a little confusing but i have worked based on the drawing as I suspect most would. I think the final thing that makes me think its his fence though is that the posts are all inline with the edge of his house, to me suggesting that it is on his side of the boundary line?
I just wondered if anyone on here knows where I stand with this? I'll include the images of the plans and wording as that will no doubt give more clarity (between houses 5 & 7)-
sbridgey said:
I had a boundary dispute which got as far as serving papers before the other party backed down.I learned from my legal team that ‘T’ markers by themselves are meaningless ( anybody could have drawn ‘T’ markers on a plan at any stage ).
They have to be backed up by what is stated in the deeds.
So if the deeds state ‘West’ ……………..
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