Donate SIGN UP

Party Fence Wall

Avatar Image
Quizmonster | 17:49 Mon 23rd Jun 2008 | Law
4 Answers
I understand that the legal name for a garden wall between terraced houses is a Party Fence Wall. Having read bits of the relevant Act plus some appropriate websites and previous AnswerBank queries, I also understand that - although the wall may straddle the actual boundary - it always belongs to only one of the residents.
In order to clarify to whom any such wall belongs, therefore, is there a simple statement such as:

"If you stand on the pavement looking towards your front door, YOUR party wall is the one on the left" or whatever?

As my house deeds do not specify this, I'd be grateful for any information - other than more web-pages - from surveyors or other experts with direct experience of the situation. My thanks in advance.
Gravatar

Answers

1 to 4 of 4rss feed

Best Answer

No best answer has yet been selected by Quizmonster. Once a best answer has been selected, it will be shown here.

For more on marking an answer as the "Best Answer", please visit our FAQ.
The fence supports are 'usually' on the side of the property which 'owns' it.

Have a closer look at the scale drawing on your deeds. If there is one of these '>' pointing at the fence and it is pointing to the fence from your property, YOU own it.

Unless anyone knows any different, of course.............:o)
There is no rule re left or right - it is as is specified in the deeds. If your deeds have no T markings it is rather difficult.

However, you are wrong in saying only one householder owns the fence or wall - there is a party wall, which is shared ownership/responsibility. In such cases, it is common to split the costs between the two properties or come to some other arrangement.
Could you have a chat with the solicitor you used when you bought it as they may be able to guide you better.

In your deeds, you may get an indication from T marks in the title plan, replies (may not be correct but may indicate who has taken responsibility such as maintenance) in the Seller's Property Info Form.

Have you just checked the Land Registry printout or have you looked at any of the original title deeds?

If not, these may give some indication.
Question Author
These are actually walls, Monkeyeyes, and hence no supports as such. The walls do have supporting 'pillars' ,for want of a better word, but these are on both sides of both walls! There are no > marks on the diagrams in what I am calling 'the deeds'. That is actually called a Land Registry Charge Certificate.

There is a marginal note there, Ethel, which reads: "T marks affect the northern and southern boundaries of the land in this title." The problem is that - according to my compass - these are the rearmost, bordering the access lane, and front walls, bordering the pavement. These obviously belong to me alone.

It's not really important enough to consult solicitors, Jenna.

When I moved in over 20 years ago, I temporarily propped a large table against one wall and the old lady who shared that wall lost no time in telling me that it was her wall, that mine was on the opposite side and that I could get my table over there as soon as I liked! I've just always wondered whether she was right and thought of it again now, as the people currently occupying that house are about to erect fence-panels on that very wall.

Thank you all for your input.

1 to 4 of 4rss feed

Do you know the answer?

Party Fence Wall

Answer Question >>