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Hello,
I have been in a long running dispute with Network Rail since 2017 regarding a wall at the rear of my property.
The tree's and other vegetation on the station side has been causing the wall to move and buckle over the years.
This was reported to Network Rail back in 2017, and subsequently also Southern Railway as they was bouncing it back to each other saying the other one was responsible.
I had to get building control involved in 2020 as Network Rail refused to come out and view the wall in question.
Network Rail finally came and inspected the wall in December 2020, and nothing has really happened since then apart from failed promises.
My council handed Network Rail a Section 77 Dangerous Structures notice in March 2022, of which Network Rail mostly ignored and only acknowledged its existence several months later.
Network Rail disputed this Section 77 in November, stating they have no records to indicate they own the wall, so this has put a stop to the Section 77.
My council subsequently found out that I am the owner of the wall. They got a copy of the original transfer deeds from 1960. I had never seen that document before, my conveyancing firm never mentioned let alone showed me it. I brought this property in June 2000, and the previous owners stated they was not sure about the wall ownership and my conveyancing firm never indicated to me that I was the actual owner of the wall, I was only made aware that I owned the fence on the left of my property.
The council have in a round about way said they are confused by my deeds though. I have two T marks on my deeds plan, one for the fence on the left of my property which I know I own but I also have a T mark for the rear boundary wall. The fence is referenced in my deeds but the wall in question is not, the only wall it states I'm responsible for is against the road at the front of my property.
I wonder if anyone could kindly provide some advice on this. I have read that T marks have no substantial meaning unless they are referenced in the deeds. In my case, one of the T marks is specifically referenced for what it is, a fence. This fence was erected by the property developers, and this is what is referred to in the deeds. The other T mark for the rear boundary wall is not mentioned at all.
The wall in question is pre-existing, and was erected sometime in the 1800's and was a nursery wall and so was there long before the land was sold and my property was erected.
As the wall is not directly referred to in the deeds, does this mean I do not own/maintain the wall? There is nothing anywhere within my deeds that mentions this wall, just this T mark.
I wonder if this could be an error on the side of the Land Registry, or someone not knowing that the rear boundary is a wall and assumed it was a fence?
I have also checked the deeds for my neighbour, and his is exactly the same as mine, word for word. If it helps, these houses were brought off plan in 1960.
Any help would be highly appreciated!
I have been in a long running dispute with Network Rail since 2017 regarding a wall at the rear of my property.
The tree's and other vegetation on the station side has been causing the wall to move and buckle over the years.
This was reported to Network Rail back in 2017, and subsequently also Southern Railway as they was bouncing it back to each other saying the other one was responsible.
I had to get building control involved in 2020 as Network Rail refused to come out and view the wall in question.
Network Rail finally came and inspected the wall in December 2020, and nothing has really happened since then apart from failed promises.
My council handed Network Rail a Section 77 Dangerous Structures notice in March 2022, of which Network Rail mostly ignored and only acknowledged its existence several months later.
Network Rail disputed this Section 77 in November, stating they have no records to indicate they own the wall, so this has put a stop to the Section 77.
My council subsequently found out that I am the owner of the wall. They got a copy of the original transfer deeds from 1960. I had never seen that document before, my conveyancing firm never mentioned let alone showed me it. I brought this property in June 2000, and the previous owners stated they was not sure about the wall ownership and my conveyancing firm never indicated to me that I was the actual owner of the wall, I was only made aware that I owned the fence on the left of my property.
The council have in a round about way said they are confused by my deeds though. I have two T marks on my deeds plan, one for the fence on the left of my property which I know I own but I also have a T mark for the rear boundary wall. The fence is referenced in my deeds but the wall in question is not, the only wall it states I'm responsible for is against the road at the front of my property.
I wonder if anyone could kindly provide some advice on this. I have read that T marks have no substantial meaning unless they are referenced in the deeds. In my case, one of the T marks is specifically referenced for what it is, a fence. This fence was erected by the property developers, and this is what is referred to in the deeds. The other T mark for the rear boundary wall is not mentioned at all.
The wall in question is pre-existing, and was erected sometime in the 1800's and was a nursery wall and so was there long before the land was sold and my property was erected.
As the wall is not directly referred to in the deeds, does this mean I do not own/maintain the wall? There is nothing anywhere within my deeds that mentions this wall, just this T mark.
I wonder if this could be an error on the side of the Land Registry, or someone not knowing that the rear boundary is a wall and assumed it was a fence?
I have also checked the deeds for my neighbour, and his is exactly the same as mine, word for word. If it helps, these houses were brought off plan in 1960.
Any help would be highly appreciated!
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