In this episode, Nick delves into the complexities of property boundaries in the UK, covering essential topics such as fences, hedges, and walls. He explains the various legal frameworks that govern boundary ownership, including property deeds, the Town and Country Planning Act, and the Party Wall Act. Nick discusses height restrictions for boundary structures, the implications of high hedges under the Antisocial Behaviour Act, and the importance of maintaining clear communication with neighbours to resolve disputes amicably.
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KEY TAKEAWAYS
There is no universal rule for determining boundary ownership in the UK. Property deeds, conveyance documents, and long-standing practices are key factors in establishing ownership and responsibility for boundaries.
Under the Town and Country Planning Act, certain minor works like fences, gates, and walls can be carried out without a full planning application, but there are specific height limits and regulations, especially near highways and in conservation areas.
This act requires homeowners to serve a notice to neighbours when undertaking certain works on party walls or party fence walls. However, timber fences are not covered by this act, and there is generally no obligation to maintain a boundary fence unless specified in property deeds.
The Anti-Social Behaviour Act 2003 addresses disputes over high hedges, focusing on those that obstruct light or access. There is no legal maximum height for hedges, but they must not adversely affect a neighbour's enjoyment of their property.
It is recommended to resolve boundary disputes informally through clear communication with neighbours before seeking professional mediation or legal advice. Keeping detailed records of all correspondence is crucial for any potential legal proceedings.
BEST MOMENTS
"Ownership and responsibility are often established by property deeds. A single T on one side of a boundary line indicates the ownership and responsibility for that boundary."
"There's no legal obligation to erect or maintain a physical boundary fence or wall within properties unless specifically stipulated by your property deed."
"High hedges are covered by the Antisocial Behaviour Act 2003. A definition of a high hedge consists of a line of two or more trees or shrubs more than two meters tall."
"If a neighbour's hedge or tree encroaches onto your property, you have the common law right to trim back parts that are over your boundary."
"Boundary disputes can be complex and highly dependent on individual circumstances and specific property deeds."
HOST BIO
Nick is an award winning property investor, voted Fastest Newcomer 2022 by Premier Property, and is an accredited Retrofit EPC Assessor. He sources and renovates properties for himself as well as other investors. While doing this he has developed his own systems for efficient investment, such as developing his own methods to save time when viewing properties and estimating market values and potential returns, costing out renovations.
He spends three months of the year abroad and while there continues his business with use of modern technology and his proven systems.
Location freedom has always been his "Why" for being a Property Investment and has now reached his ideal of the colder months spent in Thailand and the rest of the time in the UK, all while continuing to run his business
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