BOUNDARY ISSUES WHEN BUYING A NEW HOME
BY ASTA ASAKA, Senior associate
‘I have moved into my new house, but I am not sure who is responsible for maintaining the boundary. What do I do?’
It is not unusual for a buyer to pose this question when, for example, the fence at the rear of the property collapses (think of the storms last year), and they have no idea of who is responsible for fixing it.
The answer can often be found by checking the title deeds, and within various pre-contractual documents.
Check the seller’s replies within the property information form
In the property information form (also known as form TA6), the seller is asked to confirm who owns or accepts responsibility to maintain or repair the boundary features.
The seller would also be asked to comment on whether any of the boundaries are irregular, or whether there has been any movement of the boundary feature within the last 10 years or during the seller’s period of ownership.
Additionally, look out for any party wall documentation.
Check your legal position, ie title deeds
You may wish to go through entries on the property register and, most importantly, the charges register of title. Have a discussion with a solicitor to fully understand your legal position.
Entries on the title property register and the charges register may reveal some useful information by reference to title documents (conveyances, transfers, deeds of grant etc).
Check the legal position of other properties
The title register only reveals entries relating to your property and not the legal position of the adjacent property owner. So, it is advisable to check the neighbour’s titles which immediately adjoin the property.
Look beyond the detail
If there is no indication of who is responsible in the title documents, it is important to investigate whether any informal agreements are in place. If the purchase has already concluded, then it may be possible to approach the owners of the adjacent property and have an informal discussion as to the maintenance of the boundary.
Ideally, any agreement reached is recorded in writing and filed with the Land Registry, so that future disputes are prevented.
A formal agreement can simply be recorded in a document called a ‘boundary agreement’ by reference to a property plan.
Do nothing
For those who are not interested or simply have no concerns, the ‘wait and see’ approach is often used and there is nothing wrong with that. As long as there is no dispute nor any other significant concern, then the matters could be left as they are.
Conclusion
Distinction should be drawn between boundary ownership and the responsibility for boundary maintenance. It should be emphasised that there is no general rule as to which boundary a property owns, and owners are encouraged to investigate the responsibility for boundary maintenance using one or all of the options above.
Asta Asaka is a senior associate in Penningtons Manches Cooper’s residential property team in Guildford
Email: asta.asaka@penningtonslaw.com
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