How to tell who is responsible for a boundary. Land title pics included.

[Notplannedforthis]

Our garden backs onto our back-side neighbour's garden. Our neighbours have not always been particularly considerate over the past 7 years we've lived here.

There is a tiny fence separating our gardens and their garden is slightly higher than ours. They pile rubbish up at the bottom of their garden that regularly overspills into our garden and it won't be long before the weight of their garden and rubbish pile pushes over what little fence is there.

We'd like to build a retaining wall and a fence that's as high as is allowed. We're expecting resistance from our neighbours as they like to spend a lot of time stood on their rubbish pile looking at the view into our garden. Therefore, before we discuss it with them, it would be useful to know exactly who is responsible for the boundary however, looking at our title deeds I'm not sure.

Can anyone more knowledgeable than me shed some light on it?

I think they're all your responsibility?
All sides have a 'T'

Uncommon but I think ours is the same.

Those T shapes all face into your garden so looks like you're responsible for them all.

I wish our deeds had the T marks it'd make things much easier!

Looks like they are all yours which i've never seen before. Your say, you don't need to discuss with the neighbours

You are responsible for all of them.

Not too common these days but also not that unusual, some houses just end up like that, especially people at the end of streets etc.

All of them , the T is inwards.

Looks like it's all yours! See if you can build the fence 6 foot tall as per their higher ground level rather than your own.

(Really sorry to hijack!!!!)

@RevolutionRadio how have you worked out who is responsible with no 'T's? My deeds don't have any and I'm just quietly ignoring it at the moment but at some point will need to think about it.....

Any fence or wall has to be within "your" side, so the lower level.

You can put a 2m high wall or fence up without needing planning permission. Tbh as the fence is yours and they are piling rubbish against it you should ask them to move it away from the fence.

I woukdnt discuss what you are going to do, that only enables them to cause you issues. But what you want and get someone to put it up and let them know just before so they can move things if they like.

@Galley649

(Really sorry to hijack!!!!)

@RevolutionRadio how have you worked out who is responsible with no 'T's? My deeds don't have any and I'm just quietly ignoring it at the moment but at some point will need to think about it.....

If there are no t marks and the title register doesn't state anything about boundary structures the presumption is that they are a shared responsibility.

We've lived in a house where the title register stated the boundary structures were to be treated as party walls and jointly maintained. We've also lived in one where the title register said nothing at all.

@Galley649

(Really sorry to hijack!!!!)

@RevolutionRadio how have you worked out who is responsible with no 'T's? My deeds don't have any and I'm just quietly ignoring it at the moment but at some point will need to think about it.....

We haven't officially, we've replaced 2 since we moved in. The first we paid in full as we landscaped the garden and the house behind is rented. The second fence we went halves with the neighbours.

The third fence will need doing in the next couple of years of have thought, that one in the text of the deeds says it's shared.

Thank you for all of the replies.

We would prefer for it to be 'our' boundary as then we could advise them that we're doing work, rather than ask permission.

Since I first posted I've downloaded the neighbours land registry documents and they say something about them having to maintain a boundary wall, which has confused me a little.

The neighbour's title deed:

Where is their plan showing ts?

Other option is you leave current fence and build your new one on your land (if its a big enough space that you dont mine losing 5 inches of garden). Might save the hassle

It states the council will put up a wall topped with barbed wire. Sounds attractive!

It wouldn't matter if it was their boundaries anyway. Just build the fence a couple inches into your land. You give up a couple inches of land, but dont need any permission or discussion with them.

But since the boundaries are all yours, you can build the fence on the boundary. Just remind them that they cannot attach anything to the fence, and if they damage it you can sue them (although I dont think anyone actually does that).

When I initially enquired with tradespeople about a fence, I was hoping to just put one up a few inches into my side, but was informed by tradespeople that because of the way their rubbish had built up at the bottom of our garden before we bought it (there's mattresses and all sorts under the soil at the bottom) and the way that their current land and rubbish is piled on their side, it really does need properly digging out, rubbish removing from under the ground on our side and a retaining wall building before a fence can be erected. Because of this, we had to put the work off for a few years until we could afford this more extensive work. I expect whatever we build will have to withstand them piling more rubbish against it

Have you called the council and environment health about the rubbish?

I haven't. I didn't think that the council would be interested as the houses/land are privately owned. The rubbish is an eyesore to us, but I wouldn't have thought a health hazard. No food or anything. More like old bikes, metalwork and decades of garden waste piles up.

I think the reference to the neighbours maintaining a boundary wall is maybe because it looks as though on your details their land was originally one larger plot that has since been split in two smaller plots, so potentially they are responsible for the boundary between them and their neighbour, rather than between them and you?