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Friday 28 January 2022

Boundaries - Physical & Metaphysical

I don't think I have ever had to think about this before. Obviously I know what my personal boundaries are. I try to tell the truth, unless the truth will hurt someone, I feel I have a strong eithical sense, I believe in equality & equal opportinity, I am assertive, but try not to be aggressive, I don't believe in physical violence, I don't believe in ignoring wrongs, so I am quite political & lobby a lot, I don't believe in inherited wealth & privilege, I do believe in fairness, I try to respect everyone even if I disagree with them.(I do find that hard - I don't tolerate fools well). Basically I follow societies rules & comply with the law.

Since I have been renovating my house & building an extension I have had several issues with property boundaries. My party wall caused problems & was very expensive to resolve. Fortunately I had employed a Party Wall Surveyor. Now there is an issue with a fence & also 2 walls in the garden which I have discovered are dangerously unstable. 

I thought fences were clearly marked on deeds & plans held by the Land Registry, but it appears this is not the case. However, for anyone who isn't sure which fence is theirs, this is what the Land registry says.

​Boundary Structures

Fences

The following Boundary Presumptions or Conventions will normally apply, subject to rebuttal by evidence to the contrary:

  1. The fence is on the land of the fence owner. This means that the boundary will be presumed to be on the outer side of the fence.

  2. Struts. Where a fence has struts on one of its sides it is presumed that the owner of the fence is the owner of the land upon which the struts stand.

  3. Upright Posts. Where a fence is supported by upright posts on one side it is likewise presumed that the upright posts stand upon the fence owner's land.

  4. Fences with Footings. The Party Wall Act 1996 allows for a fence footing to be laid underground, partly under the adjoining property.

  5. Wooden Panel Fences. Where the wooden panels are fitted between the posts the convention is for the external face of the posts to be placed on the owner's land against or close to the boundary.

  6. Wire Fences. Where wire fences are supported by concrete posts the convention is for the outer face of the post to be against or close to the boundary, and for the wires to be passed through holes in the centre of the posts. Where the posts are of wood, the outer face would be against or close to the boundary and the wires would be stapled into the outer face of the post.
     

    Walls are different. 

    Unless the title deeds make specific reference to responsibility for a wall, it is generally accepted that the person whose land is retained by the wall is responsible for its repair and maintenance.

     
    The mark on Land Registry plans which denotes responsibility is like a sideways T 
    https://www.cheltenhamsolicitors.co.uk/images/library/images/propertyboundaries(1).jpg

    This is just one of the many unexpected problems my house project has thrown up. It's a microcosm of the situation with Nation States - everyone protecting their own piece of land. Going to war doesn't solve anything though. I feel I have been on a huge learning curve. 
     
    The end is hopefully in sight. I just hope that I will feel it has all been worth the time, effort, stress & cost. 10 months or more of constant fire fighting has taken it's toll.
     
     
     
     


     

     

     

     

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