A Question of Law – “How do I know which property boundaries are my responsibility to repair?”

We often get asked which boundaries will be a client’s responsibility once they own a property. Quite often, the answer to this question is, “we can’t say for sure!” However, there are some key factors to consider when determining boundary responsibility.

The starting point is to check the title documents for any indication that boundary responsibility has been previously assigned. Typically, if a particular boundary is the responsibility of a property owner, this will be delineated with an inward “T” mark on a plan within the title documents.

If the documents are silent, it would be worth reviewing your neighbour’s title documents for any clues.

Nevertheless, there are many instances where boundary responsibility is not defined. When purchasing, your Seller will provide information on which boundaries they have maintained in practice and this will be your starting point for future responsibility. It is then best practice to discuss with your neighbours, their thoughts on boundary responsibility and to consult them before altering any boundary structure or feature in the future.

Trethowans are happy to provide initial advice in all areas of residential property law including boundary agreements.