Storm Isha: Who’s Responsible for Damage to My Property?

News Posted: January 26, 2024

If your property was recently damaged by Storm Isha, you may have some questions about who is responsible for repairs – especially when it comes to the parts of your property that fall on boundary lines, like trees or fences.

The answer to these questions isn’t always straightforward, but our experts are here to offer some insight.

There’s a common misconception that people are responsible for the left (or right) hand boundary of their property, wherever they live – but there isn’t actually any legal basis for this.

It’s also not possible to pinpoint exactly where your property’s legal boundary lies, even if you consult your title plans. This is because your title plans will only outline your property’s general boundaries, as the information will be based on large-scale Ordnance Survey mapping and will usually be generalised to some degree.

So how can you find out which side of your property you’re responsible for?

Sometimes, deeds lodged at the Land Registry may contain information about this – in which case, it may be mentioned in the register. The register may also outline which boundary features (such as trees, fences, etc.) you are responsible for. But note that in many cases, deeds make no mention of this.

If you want to check the specific measurements of your boundary lines, you may be able to find this information in your deed plan. If the land isn’t level, these measurements will need to be interpreted.

If you want to change an existing boundary, such as by replacing an old fence or cutting down a tree, we recommend discussing this with your neighbour first.

If property on your boundary has been damaged by Storm Isha and you’re unsure of your legal position, speak with our experts – you can get your enquiry started by calling us on 01743 248545, or by sending an email to mail@hatchers.co.uk.

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