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It
is essential, whether you are buying or selling, to know exactly where
the boundary of a property lies.
As
well as understanding the exact boundary, it is important to know who
has responsibility for maintaining it.
Hopefully
the deeds or plans will show you this - a "T" mark on a boundary line
drawn on an original site plan indicates that a particular wall belongs
to the owner of the property inside which the mark appears. Some deeds
specify clearly your obligations as far as fencing is concerned - the
type and its minimum or maximum height.
If
the deeds are not specific, under general planning law you may not erect
a fence more than one metre high in front of a house or more than two
metres high at the rear.
Walls
dividing semi-detached or terraced properties with supports on both sides
are generally regarded as belonging to both parties with repairs being
a joint expense (in many cases each owner takes responsibility for one
wall). If your shared wall or boundary falls under the Party Walls Act
1996, you are required to give your neighbours two months' notice of any
intention to carry out work on the wall, along with details of those works.
Ask
to see plans so you can check where the boundaries are. You might find
that the plans say one thing and the physical boundary is in a different
position. This needs to be clarified.
If
there has been a boundary dispute in recent years, you may be well advised
to look elsewhere for the home of your dreams.
If
you are determined to go ahead, chat to the neighbour concerned to ensure
that the dispute is not going to recur.
Many
of us dream of a pastoral view. In our built-up lives, any open space
around our homes is welcomed with a gasp of delight. Be warned - the grass
or concrete on the other side of the fence could be someone else's nest
egg and you might find yourself living next to a new housing development
or an all-night lorry park.
Always
ensure that searches are thoroughly carried out. The most innocent piece
of grazing land can become a mud field of ongoing development within a
month. Look at any plans for development in detail.
If
the property is just what you want and all safeguards have been taken
to protect your privacy and light, then consider going ahead. Don't forget
the opportunities that the land around you offers. Ask the owners what
they intend to do with the land.
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