I expect conveyancers throughout the land are bracing themselves for the onslaught of queries today with clients wanting to know which boundaries belong to them as the fence panel needs to be replaced following Storm Eunice.
Boundaries are interesting. A client’s perception as to ownership of boundaries is interesting. A quick look on gov.uk regarding boundaries, starts with the following statement “there’s usually no record of the exact boundary between two properties nor of who owns the hedge, wall, tree or fence”. But however often we may say this to a client and point them in the direction of the government guidance on ownership of boundaries, some clients seem to know better.
How often do we hears comments such as “my mate says you always own the boundary on the left hand side”. I think it is interesting to explain to clients why there is no specific boundary ownership. But we all remember being taught about the hedge and ditch rule and other rules about boundaries, and I used to think that I was really clever as I could explain about T and H bars on plans and what these symbols meant. It was as if I could read a magic spell!
But there is no rule, the only guidance I give if there are no boundaries specified is that the best way is to get on with your neighbours and perhaps share the cost of replacing the fence. Far better than getting into an argument about who is going to cover the cost of it. And bearing in mind that the name Eunice means “good victory”, how much nicer to be able to tell the client that they should be neighbourly and share the cost ? We don’t like neighbour disputes especially about boundaries, as they always have to be disclosed, however petty they are, and nothing like a storm to pull neighbours together, even if it is over the garden fence.
This is written by a real high street conveyancer who wishes to remain anonymous. Read more in Today’s Conveyancer every week.
