Private land
Can the council tell me where the boundaries of my property
lie?
Yes, if the council owns your land or the adjoining property.
To check on council ownership telephone or write to the
estates and valuations. If
you live in council housing write to the
director of housing.
The information you need is usually given in your deeds or lease. If you rent your property ask your landlord for the details you require. If you don't have a copy, because your bank/ building society/solicitor/loan company are holding them for safety or as security, you should write to them asking clearly what you want to know.
You may also contact the land registry who hold details on ownership, rights of way, restrictive covenants, leases longer than 21 years and the extent of ownership including boundaries. Eventually all land in the borough will be registered, but at present the coverage is only partial. There is a fee to enquire if the land is registered and a further fee to obtain a copy of the registration documents.
These sources may only give a rough indication of where your boundaries lie. If this occurs consult the solicitor who carried out the conveyancing when you purchased the property.
If you think somebody has taken part of your land there are private legal procedures you can take to regain possession. This is provided the people occupying the land have not obtained adverse possession eg squatters rights. A solictor can advise you whether this is likely to be the case.
Who is responsible for the fences around my garden?
The council does not usually hold this information unless it
borders council land (not public highways). The upkeep of a garden
fence or wall is usually the responsibility of the owner. Party
walls built on the boundary between two properties are the joint
responsibility of both properties. It is not usually possible to
force neighbours to carry out, or contribute to, repairs on their
side of the wall unless the deeds or lease require it.
If it is not a party wall responsibility may be shown on the
deeds or lease, or possibly by the registration documents.
Sometimes these sources don't establish who owns the fence. You may
need to see a solicitor for advice. If you want to repair your
fence but your neighbours won't allow you on their land, the law
can help you gain access (Access to Neighbouring Land Act 1992).
You will need to see a solicitor about this.
What if my neighbour won't repair a fence?
Unless the land is the responsibility of the council there is
very little that we can do for you. If the property documents
clearly place the responsibility on your neighbour you may be able
to take private legal action. Alternatively, there is nothing to
prevent you from building your own fence and it may be cheaper than
legal costs.
When the council grants planning permission for a new
development it sometimes stipulates that a fence must be built and
maintained. This is to ensure the privacy of neighbouring
occupiers. If you think this is the case contact planning services
on (020) 8825 6600.
If the fence or wall appears to be in danger of collapse and it overhangs the highway, a public footpath or another public area the council can insist on its repair or removal. In such cases contact the chief building surveyor on (020) 8825 6020.
What kind of fence can I build?
You should check your deeds or lease for any restrictions.
Planning law states you can usually build a fence without planning
permission if it is up to 2 metres (6'6") high, or 1 metre (3' 3")
if adjoining a highway. There are exceptions to this rule like
listed buildings and some conservation areas. In case your property
is one of these exceptions, or if you require a higher fence, you
should consult
planning services.
Who owns the alleyway that runs next to my land?
You may own the alleyway but other people could still have a
right of way. You should consult your property documents. If the
alleyway is maintained by the council you can enquire by ringing
land charges on (020) 8258998.
Can I put a gate across my alleyway to improve security?
Yes, provided it is owned by you and is not a public highway
or right of way. Contact the planning office to check if you have
to apply for planning permission. Unless the gate adjoins a highway
you can usually build it up to two metres high without planning
permission. There are restrictions for certain properties and areas
such as listed buildings and conservation areas. You may have to
get the permission of your landlord if you lease or rent and from
people who have a right of way. This will depend on what your deeds
or lease state and you will have to provide a key to anyone who has
a right of way. It is a good idea to speak to them before you do
anything.
My neighbour has damaged my house and fence while carrying out
building works - can you help?
If it is unauthorised we will investigate, but we cannot get
the neighbour to restore the damage or to compensate you. These
issues should be dealt directly with your neighbour.
How can I resolve a dispute with my neighbour?
Usually the council cannot get involved. The law expects you
to take every reasonable step to resolve this between yourselves.
There are people who will act as mediators, usually free of charge,
but sometimes it will involve a fee. An organisation called
Mediation UK can give you details.
If you and your neighbour cannot agree face-to-face then we
advise you to put it in writing. You should clearly state what you
want and think is fair to both sides, asking for a reply within a
reasonable specified space of time. If this doesn't help you may
wish to speak to a solicitor. They will be able to write on your
behalf and advise you of your rights. Alternatively you could
approach an advice centre.
Addresses
Estates and Valuations
London Borough of Ealing, Perceval House, 5th
Floor, 14-16 Uxbridge Road, London W5 2HL.
Estates and valuations tel: (020) 8825 6145
Planning services tel: (020) 8825 6600
Housing management offices:
Acton Area - (020) 8825 8811
Ealing Area - (020) 8825 8822
Southall Area - (020) 8825 8844
Western Area - (020) 8825 8833
Transport services/Building control
London Borough of Ealing, 1st Floor Perceval House,14-16
Uxbridge Road, London W5 2HL.
Transport services tel:(020) 8825 7802
Building control tel:(020) 8825 6020
Sources
of help and advice outside the
council:
HM
Land Registry, Ty Bryn Glas, 1 High Street,
Swansea, SA1 1PW.
Tel: 01792 458877
Royal Institute of Chartered Surveyors, 12 Great George
Street, Parliament Square, London, SW1P 3AD.
Tel: (020) 7222 7000
Ealing Neighbourhood Mediation Service, 2 The Green, Ealing, W5
5DA.
Tel: (020) 579 8164
The Law Society, 113 Chancery Lane, London, WC2A 1PL
Tel: (020) 7242 1222