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Property - fence ownership details - where ?



 
 
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  #21  
Old January 16th 07, 06:25 PM posted to uk.legal.moderated
ChrisR
external usenet poster
 
Posts: 143
Default Property - fence ownership details - where ?


"Terry W." wrote in message
.. .
David J wrote in
:

On Mon, 15 Jan 2007 00:25:03 +0000, "Terry W."
wrote:

Daytona wrote in
:

On Sat, 13 Jan 2007 21:30:04 +0000, "ChrisR"
y.com.address
wrote:

If the builder erected the fences when he owned the land on both
sides, and didn't specify the ownership of the fence, and there are
no other boundary markers, and the posts are on the line and not on
one side, it's my guess is that the boundary is actually the fence
line, and you have a "party" fence - which is pretty unsatisfactory.

I found the builders plans, which do have T's and it crosses the
boundary line g ! -

¦
¦
¦
¦ ¦
¦--+--- My side
¦ ¦
¦
¦
¦

The fence is standard wood slats that slides into slots in the
concrete posts, so there is no side.

What does all this mean then ?

Thanks

Daytona


The position of the "T" in this case indicates that, all other things
being equal, YOU own and are responsible for the fence.
Normally, the "T" isn't shown crossing the boundary line but butts on
to it, but in this case the meaning is quite clear.
The actual deeds overide the builder plans IF they contradict what I
have said.



Hang on...

The 'T' is on his neighbours side. So the fence is his neighbour's
problem. Isn't it?

David


I know what you mean - but the convention, and it is only a convention,
is that the "T" has the tail in the "owners" side.

Terry W

No, the T mark is normally entirely on the owner's side. It doesn't usually
cross the boundary line.

Chris R



  #22  
Old January 16th 07, 11:05 PM posted to uk.legal.moderated
Daytona
external usenet poster
 
Posts: 1,033
Default Property - fence ownership details - where ?

On Tue, 16 Jan 2007 18:25:02 +0000, "ChrisR"
y.com.address
wrote:


"Terry W." wrote in message
. ..
David J wrote in
:

On Mon, 15 Jan 2007 00:25:03 +0000, "Terry W."
wrote:


The position of the "T" in this case indicates that, all other things
being equal, YOU own and are responsible for the fence.
Normally, the "T" isn't shown crossing the boundary line but butts on
to it, but in this case the meaning is quite clear.
The actual deeds overide the builder plans IF they contradict what I
have said.



Hang on...

The 'T' is on his neighbours side. So the fence is his neighbour's
problem. Isn't it?

David


I know what you mean - but the convention, and it is only a convention,
is that the "T" has the tail in the "owners" side.


Have you ever seen it placed over the boundary like this before ?

No, the T mark is normally entirely on the owner's side. It doesn't usually
cross the boundary line.


Everything I've seen so far agrees with you -

"Whose fence is it ?

The only sure way of knowing who owns the physical feature used as a
property boundary is if its ownership is stated in your title
certificate or deeds of conveyance. It may be expressed in writing,
but it is sometimes shown on the plan instead by a T-mark: this takes
the form of a letter "T", repeated around the edge of the property,
with the base of the "T" against the boundary and the whole of the "T"
inside the property that owns the fence."

http://www.boundary-problems.co.uk/frameboundaries.htm

How is joint ownership designated ?

Daytona

  #23  
Old January 24th 07, 06:00 PM posted to uk.legal.moderated
Daytona
external usenet poster
 
Posts: 1,033
Default Property - fence ownership details - where ?

On Fri, 12 Jan 2007 14:45:04 +0000, Daytona wrote:

A fence at a property I own and rent out has blown down during the
storms. Are details of ownership of fences on the deeds/plan available
from Registry Trust online ?


I've now got a copy of the deeds and the developers plan I referred to
is included along with the following clause -

"(i) To maintain in good and proper repair and condition such of
the existing walls and fences on or within the boundaries of the
Property as are shown marked with an inward 'T' on the attached plan"

Personally, I'd find it difficult to come up with a less instructive
description.

Daytona

 




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