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Hi
Hoping someone can help! New neighbour wanted me to pay for new fence (to keep her dog in!!), which I did, but she has been quite unpleasantly quoting how its all my responsibility. I dont think it is (given that even if the boundary is your responsibility you dont have to maintain any fence anyhow). She has just moved in but cannot provide her conveyancing (?) so gave me a copy of her neighbours (the other side) that shows t marks on the plan inferring the boundary is my responsibility. My (newer) title plan shows no such marks, not sure why?
However when I looked into this, the land reg quote (see extract below) that these t marks mean nothing unless referenced in the body text of the deed, in which case, they will then be reproduced on the title plan. My title plan text says nothing. So I purchased my neighbours title plan, given they could not provide theirs(!), and that says nothing either, nor does it show t marks.
So nothing about ownership is mentioned on mine or my neighbours title plan....but they wont listen and just kept waving their neighbours conveyancing at me until I fixed the fence.
Spoke with a barrister about it, who says its likely I am correct, but I really need the deeds to be certain. Spoke to another legal bod about it, and he tells me the title plan is all I need. if it doesn't mention ownship on the title plan, then the deeds wont provide anything further? I have tried contacting both Land Registry and the conveyancing solictor at the time to get a copy of the deeds, both says the other are responsible to provide this.
Given how aggressive neighbour has been, I just want to be forarmed in case this happens again, but at the moment I am just been passed from pillar to post!
Anyone any ideas or been through the same?
Thanks in advance!
Extract from the land registry
If the ‘T’ marks are expressly referred to in the deed lodged for registration and the text of the provision(s) is set out verbatim in the register, then we will:
‘T’ marks on deed plans which are not referred to in the text of a deed have no special force or meaning in law and unless an applicant specifically requests that the ‘T’ marks be shown on the title plan, we will normally ignore them.
Hoping someone can help! New neighbour wanted me to pay for new fence (to keep her dog in!!), which I did, but she has been quite unpleasantly quoting how its all my responsibility. I dont think it is (given that even if the boundary is your responsibility you dont have to maintain any fence anyhow). She has just moved in but cannot provide her conveyancing (?) so gave me a copy of her neighbours (the other side) that shows t marks on the plan inferring the boundary is my responsibility. My (newer) title plan shows no such marks, not sure why?
However when I looked into this, the land reg quote (see extract below) that these t marks mean nothing unless referenced in the body text of the deed, in which case, they will then be reproduced on the title plan. My title plan text says nothing. So I purchased my neighbours title plan, given they could not provide theirs(!), and that says nothing either, nor does it show t marks.
So nothing about ownership is mentioned on mine or my neighbours title plan....but they wont listen and just kept waving their neighbours conveyancing at me until I fixed the fence.
Spoke with a barrister about it, who says its likely I am correct, but I really need the deeds to be certain. Spoke to another legal bod about it, and he tells me the title plan is all I need. if it doesn't mention ownship on the title plan, then the deeds wont provide anything further? I have tried contacting both Land Registry and the conveyancing solictor at the time to get a copy of the deeds, both says the other are responsible to provide this.
Given how aggressive neighbour has been, I just want to be forarmed in case this happens again, but at the moment I am just been passed from pillar to post!
Anyone any ideas or been through the same?
Thanks in advance!
Extract from the land registry
If the ‘T’ marks are expressly referred to in the deed lodged for registration and the text of the provision(s) is set out verbatim in the register, then we will:
- reproduce them on the title plan and refer to them in the register, or
- describe the boundaries affected by ‘T’ marks verbally in the register, for example “The ‘T’ mark referred to [in paragraph/clause…] affects the [north western] boundary of the land in this title”, or
- make a note to the said register entry that a copy of the plan to the deed is filed
‘T’ marks on deed plans which are not referred to in the text of a deed have no special force or meaning in law and unless an applicant specifically requests that the ‘T’ marks be shown on the title plan, we will normally ignore them.
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