Boundary Fence Definition?

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Discussion

Elderly

3,496 posts

238 months

Monday 16th July 2018
quotequote all
Equus said:
Your title plan may show 'T' marks, which indicate this, or it may be described in writing within the title document.
Equus, layman here wavey - I gather that this is your business and that you are qualified to answer …..

….. but, I have just won a long running boundary dispute where the other party
were claiming that the boundary wall was my responsibility based of the 'T' markers drawn on
the title deeds.
It's turns out that 'T' markers in law can be meaningless without specific reference to them in the title deeds.

Thorodin

2,459 posts

133 months

Monday 16th July 2018
quotequote all
There is good history to this. I went through the mill in a spat which I mentioned on here some time ago. The upshot is conveyancing documents invariably mention 'T' marks when they are actually on the Registry plans and form the basis of the legal transfer. The local authority plans are not legally binding in the same way transfer docs are. To further confuse, when you look at your property from the front, the boundary on the left is usually assumed to apply to your house unless otherwise stated. However, there is always a 'however', it depends on the original building and positioning of developments.

For instance my road on my side, not actually in my road but the 'T' that crosses it, there is a large house with the side elevation in my road and the back of the house taking up what would have been the first plot in my road had it been a road at that time. As their rear boundary was then on to farm land with no further building for several years their rear boundary was established as 'theirs'. The next four dwellings, one of which was what is now mine, were built several years later so the boundaries had to be on the Right hand side!

Luckily, I was able to persuade my neighbour that his attempted land grab was likely to cost him a lot of money at law and a balance was struck just after he took learned advice and withdrew his enthusiasm.