Who is responsible for the maintenance of a boundary when buying a new home?

Here’s the answer to a very topical issue which we frequently are asked to investigate, writes Zah Azeem, Partner at Wimbledon based Chartered Surveyors, Scrivener Tibbatts. In this article written by Asta Asaka of solicitors Pennington Manches Cooper, she addresses the question: “I have moved into my new house, but I am not sure who is responsible for maintenance of the boundary. What do I do?’

It is not unusual to receive this as a call from the buyer post-completion when, for example, the fence at the rear of the property collapses and the buyer has no idea of who is responsible for fixing it. It is very important therefore to understand the boundary maintenance provisions prior to the purchase.

Answers can be found by checking the title deeds and within various pre-contractual documents, as well as by raising additional enquiries. Unfortunately, there is no general rule as to which boundaries a property owns, but Asta outlines a number of advisable approaches, all of which we agree with, too.

Distinction should be drawn between boundary ownership and the responsibility for boundary maintenance.

It should be emphasised that there is no general rule as to which boundary a property owns, and owners are encouraged to investigate the responsibility for boundary maintenance. Consulting a chartered surveyor would be a helpful first step.

If you would like to discuss Party Wall, Leasehold or Freehold valuation issues, please contact me direct via email at zah@scrivenertibbatts.co.uk or call 020 8947 7040.