Terms Of Business

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure they contain all that you want and nothing that you are unhappy with.

These terms and conditions will apply to the purchase of whichfenceismine.co.uk’s services by you. Whichfenceismine? is a trading name of Net Solicitors Ltd, a company registered in England and Wales under company number 07030061 whose registered office is at Pett Lodge, Ashford Road, Charing, Ashford, Kent, TN27 0DX and authorised by the Law Society. In these terms of business we explain the basis upon which boundarychecker.co.uk will carry out work on your behalf. Before placing an order, you will be asked to agree to these terms and conditions by clicked on the button marked “I accept”. If you do not click on the button you will not be able to complete your order. You can only purchase our services from boundarychecker.co.uk website if you are eligible to enter into a contract and are at least 18 years old.

A legally enforceable agreement will be formed for the service ordered when you receive an acknowledgement email from us confirming the order.
If you do not agree with anything stated or if anything is unclear please let us know by calling us on 020 7175 6804 or emailing us at enquiries@whichfenceismine.co.uk.

Your instructions

You have asked us to carry out a boundary check for your property. You have provided us with your home address and/or the address of the property that you require boundary clarification, and details of the boundary/boundaries to be checked.

What action we will take

We will make enquiries with the Land Registry and review your title deeds and/or the title deeds of the neighbouring or surrounding boundaries in order to confirm boundary responsibility. We will provide you with our results in the form of a written report. We will also send to you copies of your title deeds and/or your neighbour’s title deeds for your records.  Please note that title deeds stored at the Land Registry are public documents.
It may be the case that the Land Registry does not hold copies of the information we require in order to confirm boundary ownership and/or your title deeds also the deeds of surrounding properties may be silent as to boundary ownership or may not show a pattern. If this is the case, we will provide you with recommendations as to how else you might be able to obtain clarification on boundary ownership in our report which may include instructing a specialist boundary surveyor, obtaining Counsel’s opinion or entering into a boundary agreement with neighbouring properties all of which are additional costs.
By accepting these terms and conditions you acknowledge and agree that in these scenarios, you will not be entitled to a refund of the fees paid as these will cover our time spent in obtaining/searching for the information as well as producing the report.

Disclaimer

Any reports produced by Whichfenceismine.co.uk are based solely on the title deeds we examine; for example where they refer to boundary responsibility or where the boundaries to be maintained are clearly marked by a “T” on the title plan. It is important to note, however, that title deeds can be very old and the position on the ground may have changed. For example, a fence between Property A and Property B has fallen down, the owner of Property A decides to replace the fence without checking the title deeds which actually say that the owner of Property B is responsible for the boundary. Property owner A later sells and the buyer is told that the fence is Property owner A’s responsibility. In this scenario, the ownership of the fences has changed and the deeds may become irrelevant. Therefore, the ownership of fences is not conclusively determined by title deeds, although if there is an indication from the title deeds and there is no evidence of any change since then, this indication will probably prevail.
Whichfenceismine.co.uk’s reports are limited to what information is available in the title deeds and it is your responsibility to check whether the position has changed on the ground such that the deeds may no longer be relevant.
Boundarychecker cannot accept liability for any losses incurred by you of any nature for reliance on our reports.

Confidentiality of Report

Any report sent to you by Whichfenceismine? is solely intended for your personal use and should not be disclosed to anyone else. In particular, our reports are not to be used or relied on as an expert report or in any litigation.  We reserve the right to refer to these terms and conditions should it transpire that you have used or disclosed our report in the process of litigation.

Your responsibilities

You must cooperate with us in all matters relating to the service which you have ordered, and provide us and our authorised employees and representatives with any information required to perform the service and if appropriate, when requested by us to obtain any licences and consents (unless otherwise agreed). You must ensure that the information provided to us on the order form is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the order placed by you.

Failure to comply with your responsibilities entitles us to suspend performance of the service until you remedy it or if you fail to remedy it following our request, we can terminate our agreement with immediate effect on 7 day’s written notice to you. Fees may be returned to you at our absolute discretion depending on the time spent.

Time

We will endeavour to send your boundary report in 7 business days of receipt of your order. However, if we are unable to complete the report within this timeframe we will let you know.

Our fees

Standard service: £65 + VAT

Please note this fee includes disbursements for downloading up to 5 title documents from the Land Registry (including Official Copy Entries, Plans and Transfers). Each documents costs £3 and therefore £15 of the £65 you pay will be in respect of Land Registry fees. In the vast majority of cases we are able to establish boundary responsibility from up to 5 title deeds however if we require further documents, we will advise you and review any further documents free of charge subject to you paying the Land Registry disbursements for further title documents for e.g. neighbouring properties so that we can try to establish a pattern of responsibility.

Payment

Payment is due at the point of placing your order with us to complete your boundary check. You must pay online by submitting your credit or debit card details with your order and we will take payment before delivery of the service.
If you have ordered the standard service and it transpires you need a premium service to confirm boundary responsibility, we will send you a separate invoice for the difference in price in order to upgrade to a premium service.

14 Day Refund Policy

This website complies with The Consumer Contracts (Information, Cancelation and Additional Charges) Regulations 2013 in that you have a 14 day cooling off period to decide whether you wish to proceed with services supplied directly by Whichfenceismine.co.uk which starts on the day after you have purchased the service.

We will refund you within 14 days. However, you will not be entitled to a refund during the cooling off period if we have created any documents, as these are personalised goods and exempt from the regulations.

Distance Selling

We have not met with you personally, so the Consumer Protection (Distance Selling) Regulations apply to this service. This means you have the right to cancel your instructions to us within seven working days of agreeing to these terms and conditions. You can cancel by emailing us at enquiries@boundarychecker.com.

You can use the template below:

“[Address of Property]
To Whichfenceismine.co.uk of xxxxxxxxxxx. I hereby give notice that I no longer require the services of boundarychecker.com and I would like boundarychecker.com to stop any work on this matter.”

Please note however that whichfenceismine? is an instant service and as such whilst you still have the right to cancel, once we have started work on your file, you may be charged if you then cancel your instructions.

Conflicts of interest

As a Solicitors firm we must endeavour to avoid situations of conflict and ensure that a client’s interests are not compromised.  We will advise you if we become aware that an issue of conflict exists. If you have any concerns then please get in touch.

Termination

We expect to be able to provide you with the ordered service once you have placed an order and received our acknowledgment email. However, either of us can bring the instruction to an end at any time. We will not terminate our agreement with you except for good reason and upon giving you reasonable notice. Such good reason may include the following:

  • Where a conflict of interest arises
  • Where we consider it not in your best interest for us to provide you with our service
  • Where there is a breakdown in trust and confidence between us
  • Where you fail to provide us with the relevant instructions or documentation requested where necessary
  • Where you fail to keep your responsibilities (Your responsibilities)

 

Raising queries or concerns with us

We are confident that whichfenceismine.co.uk will give you a high-quality service in all respects. However, if you have any queries or concerns about our work for you or about the bill, please contact us by email to enquiries@whichfenceismine.co.uk

Whichfenceismine.co.uk is a trading name of Net Solicitors Ltd and all firms of solicitors are obliged to attempt to resolve problems that clients may have with the service provided. It is therefore important that you immediately raise your concerns with us. We value you and would not wish you to think you have any reason to be unhappy with us.
Net Solicitors Ltd has a written complaints procedure, a copy of which is available on request.
If you are not satisfied with our handling of your complaint you can ask the Legal Ombudsman, PO Box 15870, Birmingham. B30 9EB, Telephone 03005550333 to consider the complaint. There are time limits for raising a complaint with the Legal Ombudsman varies and we advise that you check their website http://www.legalombudsman.org.uk/  a complaint should in any event be raised within 6 months of the date you receiving a final response from us.

Privacy: General Data Protection Regulation (GDPR)

The personal information provided by you, will be used primarily by us to communicate with you in the provision of legal services to you.

Your personal data will not be passed to any other third party, unless you provide your written consent.

Boundarychecker may however:

  • Disclose information in aggregate without identifying individual clients, for marketing, financial and strategic development purposes and to help to management of our practice;
  • Update and enhance our client records;
  • Disclose your details where we have a legal or regulatory obligation, or if we have an arrangement for external firms or organisations to conduct audit or quality checks on our practice. These external firms or organisations would then be required to maintain confidentiality in relation to your files.

Our use of your personal information is subject to your instructions, the GDPR and our duty of confidentiality. You have a right of access under the data protection legislation to the personal data that we hold about you. To obtain a copy please write to us at our offices.

Your privacy is important to us.  We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information. These terms and conditions should be read alongside our website policies including terms of use, privacy policy and cookies policy.

For the purposes of these terms and conditions:

a.    Data Protection Law means any applicable law relating to the processing of Personal Data including but not limited to Directive 95/46/EC (Data Protection Directive) or the GDPR.
b.    GDPR means the General Data Protection Regulation  (EU) 2016/679.
c.    Data Controller, Personal Data,  and Processing shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing the service to you.

Where you supply Personal Data to us so we can provide the service we Process that Personal Data in the course of providing the service to you and we will comply with our obligations imposed by the Data Protection Laws:

a.    Before or at the time of collecting the Personal Data , we will identify the purposes for which it is being collected
b.    We will only Process Personal Data for the purposes identified
c.    We will respect your rights in relation to your Personal Data
d.    We will implement technical and organisation measures  to ensure your Personal Data is secureFor any enquires or complaints regarding data privacy, you can contact us at enquries@boundarychecker.com

Proof of Identity

The law now requires solicitors as well as banks, building societies and others, to obtain satisfactory evidence of their clients. This is because solicitors who deal with money and property on behalf of their clients can be used by criminals wanting to launder money.
To comply with the law, we need to obtain evidence of your identity as soon as possible. You will need to provide us information to verify your identity. We use a third party company to verify your identity and complete any checks on our behalf and by accepting these terms and conditions you consent to share your information with any third party company we are using at the time in order to verify your identity.
We may on occasion need to carry out other searches to confirm your identity, if this is necessary a fee will be chargeable, and we will inform you of this fee which will then appear on your bill under expenses.

Confidentiality

Solicitors are under a professional and legal obligation to keep the affairs of clients confidential. This obligation, is however subject to a statutory exception: recent legislation on money laundering and terrorist financing has placed solicitors under a legal duty in certain circumstances, to disclose information to the Serious Organised Crime Agency. Where a solicitor knows or suspects that a transaction on behalf of a client involves money laundering or terrorist financing, the solicitor may be required to make a money laundering disclosure. If this happens, we may not be able to inform you that a disclosure has been made. We may also have to stop working on your matter for a period of time and may not be able to tell you why.