Before you make any alterations to your property, it’s important to understand where the boundaries of your property end and if any additional permissions are needed. As our conveyancing solicitors explain, no assumptions should be made.
Q: I am moving into my house and want to know what fence I own surrounding my house. My parents have told me that every house owns the fence/wall on the left. Is that correct?
A: It is a common misconception that a property owner automatically owns the boundary on the left (as you look at the property from the road). There is in fact no general law or rule about which boundary you own.
The vendor who originally owned the land and separated it into plots/houses should have assigned responsibility for the boundaries and may have confirmed this in a document known as a Transfer Deed or Conveyance.
If you are buying a new build, you would be able to query this directly with the developer. If you are buying a much older property, you would then need to consider obtaining documents from the Land Registry.
The Process of Contacting Land Registry Explained
The first step would be to check the Office Copies and Title Plan to see if they can assist. The vendor’s solicitor will provide these to your solicitor at the beginning of the transaction.
The Office Copies often contain the clauses or ‘covenants’ confirming who is responsible for each boundary or refer to the Transfer in which they are held. If there is no mention of this, then the Title Plan may be able to provide clarity.
On the plan, the boundaries may be marked with a ‘T’. If the ‘T’ mark is within your boundary then you would be responsible for that wall/fence. Sometimes there will be a ‘T’ mark on either side of the boundary which will mean that it is party wall. This means that you and your neighbour will be jointly responsible for the boundary.
If there is no comment within any of the documents held at Land Registry, then you can check the vendor’s Property Information Form. This will indicate their understanding of the ownership and may also give information regarding existing arrangements and confirmation of any previous maintenance of the boundaries. Failing that you can make enquiries with the neighbours along the street to establish their understanding.
Have Further Questions About Property Ownership?
For further information and legal advice regarding property boundaries and/or boundary disputes please get in touch with our conveyancing solicitors in South Wales.
