What is maintenance of boundaries?
Every piece of land has a boundary of some description, which may or may not be the property owner’s responsibility. Some of these physical boundaries are manmade, while others are natural. They may even be invisible, appearing only in documentation and land registry files, but it’s important to identify their exact location and ascertain who is responsible for any maintenance of boundaries and upkeep.
Defining land boundary lines
Boundaries can include a multitude of structures or natural growths – these can include walls, fences, hedges, tree lines, ditches, roads, paths or watercourses. There are two ways that the word boundary can be applied – a legal boundary or a physical boundary. A legal boundary is an invisible line that divides one person’s property from another. This is most apparent on shared spaces, such as driveways and grassy areas. It is not shown on mapping, such as conveyancing documents, deeds or Ordnance Survey maps, and can only be determined in a court of law, or by the Land Registration division of the Property Chamber. This will only be needed if there is a dispute over where the exact position of this line falls.
A physical boundary is a visible element, such as a timber fence, brick wall or privet hedge, which usually follows the line of the ‘legal boundary’ – in effect it’s a physical depiction of the imaginary line. However, the legal boundary can run within the physical boundary structure (fence, wall, etc), or run along one or other side of it. This then defines who is responsible for the maintenance of the wall/trimming of the greenery/repair of the fence. Due to the difficulty in definitively establishing the position of a legal boundary, the vast majority of registered title deeds show only a ’general boundary’.
Defining land boundaries responsibility
‘Living’ boundary structures, such as trees and hedges, will grow and if left unattended will effectively widen the boundary and make its exact position hard to define. This can become a bone of contention among neighbours, when trees or hedges are left to grow unhindered. They can take a neighbouring property’s natural light in their garden, or overhand their property, causing damage to the roof.
There’s an oft-held general presumption that a construction (fence posts, a wall) indicates ownership – that the posts and panels of a fence are on the owner’s side. But in actuality, there’s no legally binding legislation on this issue. In terraced housing, there’s also a presumption that the property owner is responsible for the boundary to the right of the garden, with the ‘best’ face of the wall or fence facing towards the neighbour. This is generally regarded as the accepted etiquette when it comes to neighbouring boundaries.
Structural garden, drive and side boundaries that cannot be defined are known as party boundaries. Any alterations or replacement of this type of boundary can only be done with the agreement of both co-owners. Aerial plans show where boundary lines fall and don’t take into consideration projections and overhangs, such as eaves, guttering and foundations. In these cases, the property ownership includes these projections, but not the air space between them, which is shared. When you really get down to the detail of home ownership, land deeds also include the airspace vertically above your plot and the subsoil below it, as defined by the accepted boundaries.
Public facing boundaries
Roadside boundaries, particularly if they are retaining walls, can be problematic if not maintained sufficiently. When it comes to the strip of grass, gravel or copse that borders a property onto a road or kerbside, it’s often the case that the local authority will take responsibility for maintaining it.
Anything that infringes on a public thoroughfare or a right of way that is your responsibility can be problematic if it falls into disrepair or is damaged. It may become costly too, as public thoroughfares may have to be closed to carry out the maintenance. Sometimes your local council may take responsibility and trim your overhanging foliage boundaries back – for example if your hedge or trees are overhanding a pavement, or are obstructing a bus stop or other public access. But it’s often technically the owner’s responsibility, even if the local council may trim them at their own discretion.
Planning on buying a plot of land or building your own house? If you have any queries about where your land boundaries lie and the extent to which they are your responsibility, it’s best to talk to an expert in land and legal affairs, such as a conveyancing solicitor or surveyor. They will be able to advise you and help to define the extent of your land ownership.