Island Life Magazine Ltd October/November 2014 | Page 128
TERENCE WILLEY
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Terence Willey & Co
Terence Willey t. 01983 875859 Mark Willey t. 01983 611888 - w. terencewilley.co.uk
Terence Willey
Mark Willey
Which boundary do I own?
O
ver the last 40 or so years I have
lost count of the number of
clients who have asked this very
question. You may consider it somewhat
strange that having purchased a property
that the answer would either be obvious
from the Title Deeds or on site, but often
it isn’t that straightforward.
Disputes can prove contentious and
costly and not always with the desired
result. An unresolved dispute can often
prejudice a sale. I have always advised
clients to seek a method of arbitration
before dialogue proves no longer possible.
There are many competent Chartered
Surveyors who specialise in dispute
resolution whom I have worked with
over the years and their intervention has
proved invaluable.
The Courts like to see positive steps
taken to seek an agreement by arbitration
and if no such action is taken it is not
unusual for the Court to order such
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before considering a case further. A ‘T’
mark on a plan on a Deed is only one
factor but not necessarily the determining
factor to be taken into account when
ascertaining the location ownership of a
boundary.
Although commonly ‘T’ marks are used
on plans and particularly by developers
in specifying ownership of a boundary at
the end of the day it will depend on the
balancing of the existence of the ‘T’ mark
against the relevant wording of the Deeds.
Very often the features on the ground
differ considerably to what is shown on
a Deed plan or may have changed over
very many years.
I have seen circumstances where
boundary fences have been completely
renewed at the expense of a neighbour
to assist another with limited finances,
who would otherwise be responsible for
a particular boundary. It could be argued
that the purchase of the fencing whilst
erected on the boundary itself remains
the ownership of the person who paid
for the fencing notwithstanding Title
Deeds that create specific covenants for
maintenance. Where variations have
arisen it is important for it to be properly
recorded in writing between the parties
and serves to dispense any ambiguities
for the future. Pre-contract enquiries
during the course of conveyancing
specifically ask sellers to confirm which
boundaries they have assumed as being
within their ownership and maintained
as such.
I have always considered it a very
sensible step before purchasing any
property that you make yourself known