Island Life Magazine Ltd October/November 2014 | Page 128

TERENCE WILLEY coffee break reading... 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 128 www.visitilife.com 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