Storms Arwen and Barra are wreaking havoc in the UK. These powerful winds have left thousands of homes without power, ripped down trees and caused £3M in damage to National Trust properties.
With further predicted extreme weather, now is a good time to make sure you know which fences you are responsible for repairing and maintaining should the worst happen.
We often get asked the questions:
“How do I tell which fence is mine or How do you know which boundary fence is yours?”.
The answer lies in your title deeds. These are the legal documents pertaining to your property. You need to review your title register, title plan along with various conveyances / transfers to ascertain which side of the boundary fence you are responsible for repairing between your property and neighbouring land.
“So where do I get hold of copies of my title deeds?”
You may hold copies of these from when you originally purchased the land.
If your property has been registered then it is likely electronic copies of your property’s title deeds will be held at the Land Registry. Documents held at Land Registry are public documentation and therefore anyone can request to purchase copies of the same.
You will need to:
- Find out if your property is registered
- Pay £3 to download a copy of the title register and review this to see which deed of document contains provisions as to boundaries. You can also download a copy of the title plan for another £3.
- Fill in a deeds request form using the property title number. Individual deeds cost £7.
“What do I look for in my deeds?”
You will need to examine these in detail to locate any clauses or covenants relating to boundary provisions. These are commonly held in older deeds or conveyances from when the land was first partitioned / divided. They may be under the schedule of covenants – as the buyer of partitioned land would often have made a promise to repair and maintain the boundaries allocated by the seller. Look out for any plans annexed to these documents that contain the infamous “T” mark, as well as any reference to “party walls” which suggests shared responsibility.
Word of warning : be careful here, the language in these older deeds and conveyances can be somewhat archaic, difficult to interpret or easily misconstrued if you are not familiar with reading or reviewing such documents. If you are unsure or need assistance, Whichfenceismine can help.
This article is for general information purposes only. It does not constitute technical, financial, legal advice or any other type of professional advice and is no substitute for specific advice based on your individual circumstances. We do not accept responsibility or liability for any actions taken based on the information in this article