Query as to where our boundary lies when putting up new fence
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Query as to where our boundary lies when putting up new fence

by vaunmul » Tue May 17, 2022 2:46 pm

Hello All,
We are putting in a new back fence with our neighbour, but as part of this we have noticed the current fence seems to not be along the boundary line and we are after some advice regarding how to determine where our boundary lies.
The deeds for both properties show a line down the middle of the driveway (specifically between the two houses, with each side highlighted in a different colour), which then continues straight between the front and rear gardens. The wording in both property deeds also says the driveway is equally shared for access etc. (in more formal words).
However the current back fence between the two properties is significantly away from where we believe the midway line would be, so both sides are looking to sort this as part of putting the new fence in.
To confirm, there is no dispute/issue, and we are working together to resolve before submitting a form (cannot think what it is called) to Land Registry to formalise everything.
But we are stuck on where to define the middle of the driveway line.

My husband (office bod working with computers) thinks using the side wall of each house at various stages down the driveway to give a starting line, then continuing this on via laser in each direction (front and rear) when the wall ends.
But the neighbour (50 years on building sites before retirement) thinks we should measure the width of the driveway where it first starts next to the public pavement for our road, and determine the halfway point there to continue on via laser.
Our query is that my husband thinks if we measure halfway at the point where the driveway first starts next to the public footpath, it is open to being wrong as the driveway has our block paving off street paving on one side and the neighbours self built (albeit many many years ago) wall on the other side. So who is to say that the concrete driveway that has been laid between these two areas is the correct area the driveway should be, especially to then use it to measure the ongoing halfway point.
At least the physical house walls were built at the time the deeds were drawn up, so the midway point between these would be the half way point and nothing should have changed.

Is there anything formal as to where we should measure the halfway point of the driveway that is described in the deeds, for us then to continue this on for fitting the new back fence?
We did ask some local surveyors, but were quoted ridiculous values for their help (which didn't even involve exact marking of the physical area or paperwork completion after, as this service would have added to the quote!)

Hopefully the above makes sense, to receive some help/advice.

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Re: Query as to where our boundary lies when putting up new fence

by stoneyboy » Thu May 19, 2022 10:58 pm

Hi vaunmul,
The details held by the Land Registry are a summary of your original deeds including important details. See if you or your neighbour can get hold of the original deeds - they may include a more accurate plan. If you are on an estate try to find the original estate/development plans. If your house is relatively modern you could look at the plans submitted with the planning application
Either way if the existing fence has been in place for 15 (may be 13) years its location has become legally defined no matter what your deeds show.
Regards S

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