Robert Williams Estate Agents, Exeter

Boundary issues are not all that common, but disagreements can quickly escalate so should be dealt with as quickly and as diplomatically as possible.

You don’t give a reason for asking, so here’s a few scenarios…

Most often, neighbourly disputes are over the ownership of fences. This isn’t always clear on Title Deeds or Land Registry plans, so the quickest, easiest and cheapest solution is to ask others up and down the street. A pattern should emerge, enabling you to determine which fence belongs to which property. If not, factors like the previous maintenance history can be considered. It’s also worth checking the Property Information Questionnaire completed for your conveyancer by the previous owner.

If a neighbour has moved a boundary fence, that is of more concern. It may be a genuine mistake or agreed with a previous owner of your property, but if not, you are within your rights to ask your neighbour to move the fence back to its original position.

Spreading/overhanging vegetation can also cause problems. Here, the law entitles you to trim it back to the boundary line, so long as you don’t trespass in doing so. The cuttings still belong to the tree owner, so should be offered back to them and if they don’t want them, it’s your responsibility to dispose of them. Ensure trees aren’t subject to a TPO, or that you’re in a Conservation Area, and bear in mind that you’d be negligible if the tree becomes damaged as a result.

The same principle applies to overhanging fruit – it belongs to the tree owner so if you pick it, it should be offered back to them. If not, it’s considered theft under the Theft Act 1968.

Conversely, leaves fallen from a neighbours’ tree into your garden are your responsibility – you have no right to ask them to come and sweep them up.

Whatever the dispute, first try to resolve it calmly and reasonably with your neighbour. If all else fails, you could take the formal route via a solicitor but in most cases, there’s a compromise to be reached.

For more information, or if you have a question, get in touch on 01392 204800 and we’ll be pleased to help.

We have a constant flow of properties for sale, including a selection perfect for first-time buyers.

Take a look at our listings page and register with us to be one of the first to find out about homes before they hit the internet. 

Legal indemnity insurance basically provides financial protection to a purchaser, seller and lender against the possibility of financial loss or third-party claim arising from any shortcoming in the conveyance. Since you have been recommended to take out this cover, it suggests that your solicitor has identified a potential problem.

Indemnity policies can cover a whole range of legal irregularities that are usually low risk and either can’t be resolved or would be very costly/time consuming to do so - cases involving a possessory title, lost or poorly-worded legal documents, issues of access, lack of planning permission or building regulations certification, etc.

Policies can also cover losses or claims arising from more unusual legal anomalies or risks involving flying freeholds, rights of light, restrictive covenants, chancel repairs, properties on unmade roads, and absent freeholders, for instance.

If it is possible to solve the underlying problem then it’s always best to do so, of course, but if this simply isn’t an option then the legal indemnity insurance mitigates the risk of any future legal challenges and enables the transaction to proceed in the normal way.

Once it is arranged and paid for, indemnity cover runs in perpetuity so can be transferred from owner to owner. It benefits the seller as well as the buyer, so there is an argument for each of them to pay the premium.

However, taking out a policy will undoubtedly minimise the timescale of the conveyancing process for your sale, so it’d be advantageous to get it in place sooner rather than later. The cost varies depending on the policy, but cover typically costs between £20 and £300.

If you’d like any more information, or you’d like to discuss specifics, call us on 01392 204800.

Here's our lovely Katy taking delivery of our scrumptious Cream Teas for Cancer, from Force Cancer Charity.
 
Each delicious cream tea came with 2 scones, Devon clotted cream, strawberry jam, and a teabag, all locally sourced, and hand packed and delivered by Force volunteers.
 
Yum yum - thank you to the wonderful Force team!
We love a bit of history, so we've done some research and we also got in touch with The Heavitree Brewery PLC to find out more about The Old Cooperage site, where we have a lovely 3-bed barn conversion for sale...
 
Synonymous with brewing in Exeter, Heavitree Brewery can be traced back to 1790, its original site in Sivell Place.
 
Circa 1842, the brewery itself moved to the opposite side of Church Street and the Sivell Place site became a cooperage (where the coopers made the barrels).
 
The cooperage was (possibly part) altered around 1891 to provide stabling for the drays (a type of cart without fixed sides for carrying barrels and other heavy loads, pulled by horses) and it could be that the coopers relocated to the Church St premises at that time.
 
Heavitree Brewery was the last of many to cease beer production in Exeter in 1970, and is now an independent, family-owned tenanted and leased pub company, still based in Exeter.
 
We're not sure when the old cooperage became residential dwellings, but it is the only building remaining from the brewery's original business and we're thrilled to offer for sale no.1 The Old Cooperage, which you can see on the left of the drawing dated 1891, which has been kindly sent to us by The Heavitree Brewery PLC.
 
It's a lovely property and is on the market with a guide price of £425,000. Go to our listings page to see more of this historic, contemporary home, or call us on 01392 204800 to book your viewing appointment.
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