Fence responsibility

I wanted to check if I have interpretated my Title plan for my house correctly

I have red edging on the left hand side of my garden fence which subtly overlaps the fence, so I think thats my fence, however it does overlap the right hand side. So is that my neighbours responsibility? Neither have a T mark oddly.

However there is a T mark at the front of the house boundary - is that just to indiciate everything within the red line is mine? Or everything line only with a T mark line is mine?

Hi S R - The red edging on the title plan does not indicate boundary fence responsibility.  

We do not specifically record who owns the fence as that is not something that forms part of what HM Land Registry record. 

In many cases the title register for a property might give information about who owns or is responsible for boundary features such as fences, walls or hedges.  Generally this information will only be included if it was mentioned in the title deeds sent to us when the property was first registered; or if the property was originally part of a larger piece of land or property and provision was made in the transfer from the seller to the first owner, for its ownership or responsibility.

Often we may set out the relevant information in the title register.  At other times we may retain the old deed itself and the title register may refer to these deeds as 'Copy filed'.  However, it is not unusual that neither the title register nor any deeds will contain any information about boundary ownership or responsibility.

Please also refer to our blog – Drawing the line on boundaries  

In deeds that do contain information, the most common marking on deed plans indicating who owns and is responsible for the maintenance and repair of a boundary feature, is a 'T' mark.  Such a mark normally means that the owner of the property into which the 'T' extends owns the boundary feature and is responsible for its maintenance. But you must read the wording in the deed to make sure this is the case. 

We do not generally reproduce 'T' marks on a title plan.  If a 'T' mark is referred to in a deed we usually add a note at the end of the register entry which mentions the deed, such as: "The 'T' mark referred to affects the northern boundary of the land in this title."  

I hope this helps. 
 

The right hand side fence (green arrow) needs repairing/replacing in the image attached. Already discussed with neighbour who is adamant I need to get it repaired. However the red line shows an overlap on left hand side (which I think is my fence on the left) but not overlap on right hand side where the green arrow is which I assume means is his fence?

Also attached T references in the deed - hes agreed 50 50 split cost with me, but wants me to hire a tradesperson but should I if its not my land? Is my interpretation of the plan correct?

It was a new build before I purchased, so I am the second owner. When I moved in we agreed to go 50 50 on the fence at that time too, but I only did a few panels as I had a gardener over. And he agreed to contribute towards it. However does the red line indicate its not my boundary? The Title deed suggests I own everything in the T too.

 

S R - We cannot comment which fence is your or if your interpretation is correct as that would be going beyond the remit of HM Land Registry.  That is something that you need to discuss with your legal advisor, if you have one, or speak to Citizens Advice. 

I would, however, clarify, that the red line drawn on a Title Plan prepared by HM Land Registry does not imply any boundary responsibilities.  The existence of T-marks and reciprocal reference in the text implies boundary responsibility for that particular side of fence.  If there is no T-mark on the other sides then there is no specific information in the historical deeds that would have been submitted to us.