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Is a Garden Wall Shared?

Jul 3, 2023


Thank you for clicking on today’s property surveying blog post.  Today we are going to be looking at garden walls and boundary walls.

Garden wall clarification often comes into play when the neighbour to whom borders the wall itself has some form of enquiry in respect of the wall’s ownership status.  This enquiry will often relate to some form of planned maintenance or work that the owner intends to undertake to the wall.

Here at Stokemont, we are often dealing with boundary walls via party wall surveyor service and input.  Or alternatively, by a boundary determination.

HM Land Registry Clarification

It is important to note that in many cases, unless the status of the wall is categorically confirmed within the property register or deeds, confirming the status of the wall in many cases will come down to interpretation.

It is also worth noting that property title plans are notoriously vague when it comes to confirming who has maintenance responsibilities and liabilities over walls. 

There can be scenarios whereby title plans have “T” or “I” marks located on them, whereby the markings will set out and confirm whom has legal maintenance and responsibility over said wall.

However, as confirmed above, this is notoriously rare and in many cases, Land Registry title plans and title deeds will remain mute on the point.

Wall Location

One of the easiest way to classify and determine the status of a garden wall is to look at its location.  More often than not, if the wall is located and built astride the boundary line, this will often indicate and confirm that it is indeed what is known as a party fence wall.  A party fence wall is the same as a party wall, however the only difference is that it is an external wall, as opposed to an internal wall or one that has been built by way of a structure. 

Party Fence Walls

Party fence walls have mutual and shared maintenance liabilities.  This will mean that if there is any form of disrepair or issue with the wall, it is conventionally the owners with whom border or share the party fence wall will be financially responsible to contribute towards its repair.

It is also worth noting that planned construction works will also be dictated by the wall’s status. 

Party fence walls give owners the right to demolish and rebuild as party walls. 

If you would like to discuss boundary surveying or party wall surveying with our team of experienced and qualified party wall surveyors, please feel free to give us a call and get in touch with us today.  We will be more than happy to assist and advise you.  

We hope this blog post has been helpful and informative.  If you would like to read more, please feel free to check our blog page or alternatively, if you would like to request a blog post, please feel free to do so via the page’s link.  

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