ABOUT US

Welcome

Which Fence is Mine is an easy-to-use online legal service that’s helping property owners quickly identify maintenance and repair responsibilities for shared boundaries. 

Too often, people rely on the left-hand or right-side rules. But there is no legal basis for this. And fences, hedges and walls can be expensive to maintain.

So, before you rely on unfounded rules or your neighbour’s view, let us check your title deeds and confirm your position.

It could save you a lot of money!

Our Team

We are boundary professionals who have come together to help answer the burning question “Whose fence is it anyway?”

DON’T LET UNCERTAINTY DRAG ON

GET THE FACTS

FREQUENTLY ASKED QUESTIONS

Can I just check my own title deeds?

Yes and no. If you have your title deeds to hand, you can check them to see if you can identify the boundary ownership/maintenance responsibility. However in 99% of cases we experience, the title plan does not include the infamous “T” marks.

In nearly all the cases we deal with, boundary responsibility can only be confirmed by reviewing the property’s older deeds and transfers. The wording in these documents is often complex and be easily misconstrued by those unfamiliar with documents of this nature. 

Can you confirm the exact position of the boundary?

Not without a lot of difficulty. That’s because Land Registry plans only show general boundaries, so they cannot be relied upon to confirm exact boundary lines between properties.

However, title deeds may contain the measurements and other physical features to help identify boundary positioning.

We will advise you if your deeds contain this information in our standard boundary report. However, if your deeds do not, we can put you in touch with one our partner specialist boundary surveyors or even instruct them on your behalf. 

Can I show my neighbour a copy of my Boundary Checker report to show who is responsible for the boundary we share?

Our reports are private and confidential to you. But, once received, you can choose who you share it with.

As part of our service, you will be sent copies of the title documents, deeds or plans from which we conclude who is responsible for repair and maintenance of your boundary.

Our easy-to-understand report refers to these documents and, importantly, explains how we reached that conclusion.

While you may share this with a neighbour, you may prefer not to. Your title documents are public, so you could share these with them and explain responsibilities to them based on our report.

However, please be aware that, in the event of formal boundary disputes with court proceedings and in accordance with Rule 35 of the Civil Procedure Rules, you will need a specialist boundary surveyor report.

I have a boundary dispute can I use your report as evidence of who is responsible for the boundary?

Our reports are intended to give you a starting point to identify boundary responsibility and general positioning.

As such, information contained within our reports can be used as a basis on which to start a formal dispute.

However, court proceedings disputing the exact positioning of boundaries requires specialist expert evidence from a qualified surveyor.

You will need to instruct a surveyor to provide an expert report for the purposes of court proceedings in accordance with the Civil Producure Rules (CPR).

For more information on this subject, visit: https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part35#IDAKA0HC.

If you are looking for a boundary lawyer to formally represent you in a boundary dispute, please get in touch. We can act on your behalf. Please visit: www.net-solicitors.co.uk

What happens if my title deeds are silent about boundary responsibility?

If your title deeds are missing the infamous ‘T’ marks, you’re not alone. It happens in most of the cases we work with.

Your boundary responsibility typically can only be confirmed by reviewing the property’s older documentation.

A word of warning: the wording in deeds and transfers is complex. As such, it can be easily misconstrued by anyone unfamiliar with legal documents of this nature.

Boundary Checker clients are advised on this in their personalised boundary report. If your title deeds do not contain information about boundary responsibility, it also includes guidance on further options, such as drawing up boundary agreements, instructing specialist surveyors or even instructing us to establish a pattern of responsibility.

I rent the house that I live in, can I still use your service?

Yes –  we can confirm who is responsible for the boundary between you and your neighbour.

However, you will also need to carefully read your tenancy agreement to confirm who is responsible (ie you or your landlord).

Under some tenancy agreements, tenants are responsible for repairs of fences and boundary walls. However, others leave this responsibility with the landlord/freeholder of the property.

Our tenancy agreement review service can help. Contact us now to find out about more. Please contact us at enquiries@boundarychecker.co.uk 

I have a leasehold property/flat - can I still use your services?

Boundary checker is primarily designed to help those who own or live in freehold property.

If you live in a leasehold property with access to a garden, you will need to check your lease to confirm whether it’s your responsibility or your landlord’s.

Leases can be complex and should be read carefully to determine rights and responsibilities.

Fortunately, our lease confirmation service can help. Contact us now to find out about more: enquiries@boundarychecker.co.uk