Who owns the boundaries? A common question of Leicester Conveyancing Solicitors

Property Lawyers conducting Conveyancing in Leicester sometimes come across cases where problems have arisen because the ownership of a wall or fence separating two properties is unclear. Conveyancer Dawn Thomas was therefore pleased to find that the deeds of a residence in Leicester, Leicestershire, LE4 contained an express declaration of ownership.

Dawn was acting for Mr and Mrs R who were buying this semi-detached freehold home for approximately £230,000. The Conveyancing Solicitors acting on behalf of the sellers sent the draft contract and a copy of the registered title to Dawn so that she was quickly able to proceed with this Conveyancing in Leicester for her clients.

Dawn found that the conveyance from the time when the house had first been built actually included a specific declaration as follows:

"IT IS DECLARED that the wall on the Western side and also the fences dividing the property hereby conveyed from the adjoining properties on either side thereof are party property and further that the same and all drains spouts and other matters and things now used or intended to be used jointly between such messuages or any adjoining or adjacent property now or formerly belonging to the Vendors shall be so used and shall be kept in repair at the proportionate expense of the respective owners for the time being entitled to use the same”

Specific declarations of this type are rare, and many disputes between neighbours arise due to arguments over the ownership of boundary structures. There had been no such difficulties with the home being bought by Mr and Mrs R., and Dawn was soon able to complete this Conveyancing in Leicester for them.

The Party Wall etc. Act 1996 now contains provisions regulating the rights of adjacent owners in respect of walls built on the boundary between two properties. However the Act does not apply to wooden fences separating land, and it is often unclear who is responsible for these. In this case they were also included in the declaration, so that their maintenance would be a joint responsibility with the neighbours.

As part of their work Conveyancing in Leicester, a Lawyer acting for the buyer may sometimes receive a copy of a formal award made under the 1996 Act. This is required when one owner wants to build onto or carry out works which would affect a shared wall, and sets out the terms specified by a surveyor allowing this to be done in accordance with the statute.

Get an online quote now for all Conveyancing in Leicester, or call our team on 0330 660 0286 for more information.