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Q I wanted your opinion on a boundary definition relating to my property. My deeds document shows the side in question as a straight line, which I take to be the actual boundary. Fence posts at either end of the boundary line mark the location of the line.
From this assumption it appears that my neighbour is encroaching on to my property. My solicitor suggests that the deeds drawing is too inexact to provide confirmation and further approaches to local authorities are met with a similar response.
Is there anything I can do to resolve this situation?
BRM, by email
A You refer to the “deeds” but I imagine you mean the title plan kept at the Land Registry.
The Land Registry operate what is known as the “general boundaries rule” which means that you cannot use the plan to decide exactly where the boundary is. Usually it is the physical features on the land that indicate the position of the boundary such as the fence you mention.
From what you say, I think it is likely that it is a “party fence”. This means that the boundary is a notional line running along the middle of the fence so that everything on your side of that notional line belongs to you and everything on the other side to your neighbour. It therefore follows that the posts at the end of the fence partly belong to you and partly to your neighbour. So, in conclusion, I do not think there has been any trespass here.
David Fleming is the head of property litigation at William Heath & Co solicitors (williamheath.co.uk)
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