Donate to Remove ads

Got a credit card? use our Credit Card & Finance Calculators

Thanks to johnstevens77,Bhoddhisatva,scotia,Anonymous,Cornytiv34, for Donating to support the site

Removal of concrete boundary posts

including wills and probate
richfool
Lemon Quarter
Posts: 3492
Joined: November 19th, 2016, 2:02 pm
Has thanked: 1194 times
Been thanked: 1280 times

Re: Removal of concrete boundary posts

#393561

Postby richfool » March 8th, 2021, 10:39 am

dspp wrote:
woodles wrote:Thanks for the responses, the problem is that I don’t trust my neighbour to respect the boundary.

I’ve been digging though some of the original documents from when I bought the house and one of them, from the land registry, indicates that that ‘the walls fences hedges or boundaries marked with the letter ‘T’ inwards on the plan annexed hereto shall belong to the Property.’

The plan shows the ‘T’ inwards on my side of the boundary which suggests the boundary is mine and, as the concrete posts align with the boundary as it appears on the plan, I’m guessing that means I own the posts.


Given what you say regarding the T, ordinarily you would indeed own those posts.

regards, dspp

Re the sentence above in bold, (as someone who used to work for a bank/building society and from time to time had to explain boundary queries to borrowers, (based on the advice and interpretation of Head Office's legal team), - that is my understanding too. I.e. the T is one the side of the person who owns the fence/posts and whose responsibility it is to maintain that boundary.

didds
Lemon Half
Posts: 5243
Joined: November 4th, 2016, 12:04 pm
Has thanked: 3242 times
Been thanked: 1018 times

Re: Removal of concrete boundary posts

#393581

Postby didds » March 8th, 2021, 11:38 am

Arborbridge wrote: Much later, the estate agent commented "you were right to get out of that one".

Arb.



and then (s)he happily sold it to another less investigative buyer and didnt mention anything about your expereince/findings I'll bet !

didds

Arborbridge
The full Lemon
Posts: 10367
Joined: November 4th, 2016, 9:33 am
Has thanked: 3601 times
Been thanked: 5227 times

Re: Removal of concrete boundary posts

#393608

Postby Arborbridge » March 8th, 2021, 12:46 pm

didds wrote:
Arborbridge wrote: Much later, the estate agent commented "you were right to get out of that one".

Arb.



and then (s)he happily sold it to another less investigative buyer and didnt mention anything about your expereince/findings I'll bet !

didds


Wrong!

As it happens the seller was so furious at being caught out that she took the house off the market for a while, then used a different Estate Agent.
The full story had a little more to it: the owner claimed she "didn't know" about the planning permission for next door's extension going right up to the boundary and obscuring what would have been the view from my office window. She didn't say anything to the estate agent (who was quite blameless in all this, as it happens), and acted all innocent when I only discovered this by checking local planning permissions. Neither did the searches or solicitor reveal anything. The moral is: if you want to be sure, check for yourself!


rb.
Arb.

didds
Lemon Half
Posts: 5243
Joined: November 4th, 2016, 12:04 pm
Has thanked: 3242 times
Been thanked: 1018 times

Re: Removal of concrete boundary posts

#393630

Postby didds » March 8th, 2021, 1:46 pm

Arborbridge wrote:
didds wrote:and then (s)he happily sold it to another less investigative buyer and didnt mention anything about your expereince/findings I'll bet !

didds


Wrong!

As it happens the seller was so furious at being caught out that she took the house off the market for a while, then used a different Estate Agent..



So the original estate agent didnt sell it cos the seller took it away from them, not because the estate agent decided to not represent her.

Got it.

didds

supremetwo
Lemon Quarter
Posts: 1007
Joined: November 8th, 2016, 2:20 am
Has thanked: 130 times
Been thanked: 196 times

Re: Removal of concrete boundary posts

#393639

Postby supremetwo » March 8th, 2021, 2:13 pm

Arborbridge wrote:I replaced a fence recently and the boundary was marked by concrete posts, probably the same type as yours. According to the fencer, the legal boundary is defined by a line running through those holes you mention - but that's just based on a fencer's years of experience!

What I did in this case was keep the fence posts in but had the two end ones sawn off at ground level. They are then a permanent witness as to where the original boundary line was drawn as built.
The problem with land registry charts is that they do not define the position well enough, and from what I hear from my solicitor, any inspector who tries to resolve a dispute would go by what ever original physical evidence there is on the ground.

That's why I had the posts left but sawn off at ground level. Arb.

100% with that approach.

Many have experienced fence post encroachment where neighbours have replaced fences.

Arborbridge
The full Lemon
Posts: 10367
Joined: November 4th, 2016, 9:33 am
Has thanked: 3601 times
Been thanked: 5227 times

Re: Removal of concrete boundary posts

#393658

Postby Arborbridge » March 8th, 2021, 3:36 pm

didds wrote:
Arborbridge wrote:
didds wrote:and then (s)he happily sold it to another less investigative buyer and didnt mention anything about your expereince/findings I'll bet !

didds


Wrong!

As it happens the seller was so furious at being caught out that she took the house off the market for a while, then used a different Estate Agent..



So the original estate agent didnt sell it cos the seller took it away from them, not because the estate agent decided to not represent her.

Got it.

didds


I don't know - all I know is that it appear with another estate agent some months later.
One thing I am sure of, is that the original estate agent would have mentioned the proposed work to a new customer because she was very upset about it - and the householder would have realised that.
We often walk past the house and wonder if and when the work will begin, whether the retired couple who bought, know anything about the extension, and whether the retaining wall is going to cost them a lot of money and heartache.

Arb.


Return to “Legal Issues (Practical)”

Who is online

Users browsing this forum: No registered users and 7 guests