Thoughts re property boundary

[diy_fun_uk]

Yes I'll double check with my solicitor, however would be interested in your thoughts on the following (for reference I'm in Scotland.)

I own a flat that's in a block of four, two ground floor two first floor. There's a shared garden to the rear that's essentially been split into four equal strips with the boundaries running away from the flats to the rear of the garden. So if you imagine my flat (ground floor) and the flat above it, they share one half of the garden. Now, historically looking at the title deeds, there was a shared path running between the two aforementioned gardens, essentially splitting them into their respective dedicated areas. However the path no longer exists, it's all just grass.

If I wanted to put up a small boundary fence, where does the actual boundary lie?

a) Up the middle of where the shared path would have been.
b) To the edge/side of where the shared path would have been.

 

[Stivino]

I would imagine that the path would be a communal area even if it’s not clearly defined. Therefore, the boundaries would run alongside the gardens.

 

[Diver Fred]

I'd say (without knowledge of Scottish Law) that both parties are responsible for the path. If you wish to fence then the fence is erected on the path edge on your side. You may need a chartered surveyor to create an addendum to the deeds for both parties to regularise the situation.

 

[diy_fun_uk]

I'd say (without knowledge of Scottish Law) that both parties are responsible for the path. If you wish to fence then the fence is erected on the path edge on your side. You may need a chartered surveyor to create an addendum to the deeds for both parties to regularise the situation.

Thanks, yeah one concern I have if I put up the fence is the assumption might be made by upstairs that their boundary is right up to the fence, which it wouldn't be. So as you say, some sort of addendum to clarify the situation in law might be required to avoid issues in the future.

 

[Stivino]

What does the path lead to, a close?

 

[diy_fun_uk]

What does the path lead to, a close?

No, it's essentially a path that used to separate the two gardens. It ran from the bottom edge of the shared garden to the top. It's all just grass now as I said however on the title deeds it's still shown. There's a bit of tension between my tenant and the owner upstairs. I suspect if a fence was erected, the upstairs neighbour might start using all the area to their side of the fence, even though a foot or whatever strictly speaking would still be mine.

 

[fillyboy]

I suspect if a fence was erected, the upstairs neighbour might start using all the area to their side of the fence, even though a foot or whatever strictly speaking would still be mine.

But you'd have an extra foot as well, everyone's a winner.

 

[diy_fun_uk]

But you'd have an extra foot as well, everyone's a winner.

Not really, cause at the moment it's just one area of grass, there's no definition to the property line as such. So if a fence was put up, the other property owner 'gains' a bit and my side loses a bit. Tbh I want to leave it as is, however my tenant is decent enough, pays their rent and has indicated they want to stay for years to come. So, if doing this helps diffuse tensions between them and upstairs, I'm not averse to it being done.

 

[motorbiking]

Shared path will likely have an easement to pass over it and the boundary fence would obstruct that easement.

 

[Stivino]

Why not send the neighbour a copy of the deed and a reminder of his obligations?

 

[motorbiking]

Or propose the installation of a central fence where the path was. As per Filly - everyone's a winner.

 

[diy_fun_uk]

Or propose the installation of a central fence where the path was. As per Filly - everyone's a winner.

Yeah this is what I'm thinking, keeps everything clear cut and avoids possible future disputes about the slither of land that would otherwise be left.

 

[Stivino]

If I was the neighbour, I would prefer it to be kept as per the deeds. That way, it should never be in dispute.

 

[Ivor Windybottom]

Someone must own the shared path. We once had a shared driveway, we each owned up to the centre line and were each required to allow the other to use it. But we both used it, so we each respected this.

If you each own your half of the path and it no longer serves a purpose then you could just informally agree that neither is bothered about the access to the other's land. Officially it would need solicitors at a cost of £100s each, but unofficially you could just write letters to each other and keep them safe. But this could possibly cause an issue if either of you sold with a jobsworth solicitor.

But if the path is owned by another person, e.g. the freeholder of the building, then you've got a whole other layer of complications and you should stay well away.

I completely understand your desire to not "gift" your half of the path to the neighbour, which may well be the outcome if you respect the boundary and they don't.

How is the fence being installed? If it's just hammered in posts then you could always move it later. Perhaps a good idea to avoid concrete, whatever you decide.

 

[diy_fun_uk]

Someone must own the shared path. We once had a shared driveway, we each owned up to the centre line and were each required to allow the other to use it. But we both used it, so we each respected this.

If you each own your half of the path and it no longer serves a purpose then you could just informally agree that neither is bothered about the access to the other's land. Officially it would need solicitors at a cost of £100s each, but unofficially you could just write letters to each other and keep them safe. But this could possibly cause an issue if either of you sold with a jobsworth solicitor.

But if the path is owned by another person, e.g. the freeholder of the building, then you've got a whole other layer of complications and you should stay well away.

I completely understand your desire to not "gift" your half of the path to the neighbour, which may well be the outcome if you respect the boundary and they don't.

How is the fence being installed? If it's just hammered in posts then you could always move it later. Perhaps a good idea to avoid concrete, whatever you decide.

I've not looked at them recently but I think the path is classed in the deeds the same as other shared/communal areas around the property.

Yeah as I touched on before, it's one of those things that seems straightforward enough in principal, however it has the potential to grow arms and legs. If I then want to mitigate against any future disputes, as you say I need to get a solicitor involved which means an outlay for me over something I'm not instigating.

My tenant has said they will put the edging (not a fence to be fair) a few inches within where the actual boundary is, thus avoiding any tension with the upstairs neighbour. However my concern with that approach is, when looking at the garden, the area on the other side of the edging will look like it all belongs to the other property, which technically it won't. As you say not an issue if the existing residents are all aware, however there could be issues down the line.

Yes I'm maybe overthinking it, however knowing what the tensions have been like between them, I have my reasons for being so!