A complete guide of garden rules is available at www.Gardenlaw.co.uk. An epitome of some of the important matters concerned to you, are being enlisted below for your perception as well suitable claims of rules. The preparation of Title Deed carries all the governing terms and conditions of Neighbouring Land Act 1992, Weeds Act of 1959, and Noise Act 1996. Title Deed must be drafted exceptionally in detail to avoid discrepancies, damages/loss arising thereof. Some of the issues that invite your attention are :
Ø Fences and walls: A T-shaped mark within the boundary is privileged by owner of demarked area. A double-T shaped mark indicates the share of the boundary.
Ø Moving boundaries: ‘Squartters rights existing in England, Ireland and Wales indicate that if a boundary has been moved for 12 years, neighbour is entitled for ownership. This is subject to investigation of HM Land Registry.
Ø Trees: Trees are to be protected by Tree Preservation Order (TPO). Please check whether your area is within the purview of conservation of trees, as it is required to issue a notice of six months before pruning/cutting of trees. Non compliance of rules will attract the levy of penalties for falling of branches on electricity wires, obstructing pedestrians or hanging on a highway road.
Ø Tackling Neighbour: This is a societal aspect and it requires a formal demeanor and handle neighbour with a motto ‘love thy neighbor as thyself’.
Ø Apart from the above, legal right to light, bonfires, noise pollution can be administered with the covenant of Title Deed.
Please derive the full advantage of HM Land Registry, for sale of garden with accurate admeasure and demarcation of boundaries facing your built-in land [North, East, West, South, NEWS ]
Construction of Studio and house, do not in anyway contradict your security of property or the privacy of your status, as long as the proceeds of sales have reached your bank account in registration is in accordance with the provisions of Land Registration Act 1988.
A clear and concise Title Deed of sale from an experienced solicitor is necessary. Also enclosing a sample deed for your ready reference.
encl:sample title deed.
Note on Legal points
Once the deed of sale is registered in the name of Ms.Brown, she receives the title of property as well would become a neighbor of Mr.Anderson. Ms Brown and Mr.Anderson are entitled to enjoy the benefits of land, garden as well must adhere to the terms and conditions of access of the Neighbouring Land Act, 1992 in respect of demolition/construction/renovation that take place from time to time. Both the Vendor and Vendee shall strictly hold the good of Title Deed which states about the post-sale issues and how it should be dealt with. In order to resolve any issues since Ms.Brown appears to be more on anger side, that might give a clue to rise of disputes, and Mr.Anderson being a retired person, also in order to protect his other part of property, an arbitrator as an intermediary official would be ideal to resolve the issues as per the legal abidance. viz., fences, boundaries, hedges, noise, loss of privacy, etc., This will facilitate, the smooth and comfortable living for both the Vendor and Vendee.