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.
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.