Hi there. New to this kind of site so bear with me. Long story but after reading other sites I notice it helps to give as much info in first contact....story goes...bought house 7 years ago, didn't realise the boundary fence erected between me and the neighbour actually ran diagonally from the rear garden wall towards our houses (semi-detached by garage). Means the fence is well over a foot across the boundary of the extension the neighbour had built onto his garage several years ago. They informed us that that the fence they erected was on the original post and wire the builders left on completion of the estate. Trouble is it hid a gas flu/vent with cage which vented out onto our patio at one meter high. They told us that it was in line with planning regs at the time.....cannot understand why the previous owner allowed that one to slip by? Vent now removed. We believe the fence was re-erected to hide the vent. We asked permission to remove part of their fence running the length of the extension (which they gave us 3 or 4 years ago). Removed that part of the fence but leaves rest of fence jutting out 13 inches into our garden. Now we want to landscape our garden which means we have to alter our plans/structures to accomodate their fence on what we believe is our land and cut round things to fit round their fence posts. There is no extension planning application that we can find lodged with the local council?? The title deeds show a straight line dividing gardens and certainly not at an angle. I know they are drawn to scale and not decisive but trying to get some feedback before I employ a surveyor/solicitor. Fell out with them last year over their barking dog and them using our drive as their drive. It will never be 'good neighbours' again so cannot approach them as they are rather arrogant and think they can do what they want without permission. Hope you can help
Boundary Fence
- Thread starter unhappybunny
- Start date
Sponsored Links
- Joined
- 27 Apr 2008
- Messages
- 9,438
- Reaction score
- 894
- Country
What do your plans say?
The ones from the registry office that you should have got when you bought the house?
They cost £3.
Beware bogus sites that charge more.
http://www.landregistry.gov.uk/public/property-ownership
I got them for the whole terrace when I bought my house.
The ones from the registry office that you should have got when you bought the house?
They cost £3.
Beware bogus sites that charge more.
http://www.landregistry.gov.uk/public/property-ownership
I got them for the whole terrace when I bought my house.
Hi, thanks for answering.
Registry plan just shows a red boundary line and gives a scale measurement but no explicit instructions in the deeds with regards to boundary measurements. Have been told by surveyor that they would have to come out to inspect the site and take measurements before they could give a written decision. This will cost in excess of £500.00. So just trying to get a bit more input from the Joe regulars out there who may have experienced the problem I am going through, if it helps me save money then I will give it a try. Just find it very strange that the council has no planning application/building warrant & completion certificate listed. I understand no planning application needed if the extension is is under a certain size but surely it still requires a completion certificate?
Registry plan just shows a red boundary line and gives a scale measurement but no explicit instructions in the deeds with regards to boundary measurements. Have been told by surveyor that they would have to come out to inspect the site and take measurements before they could give a written decision. This will cost in excess of £500.00. So just trying to get a bit more input from the Joe regulars out there who may have experienced the problem I am going through, if it helps me save money then I will give it a try. Just find it very strange that the council has no planning application/building warrant & completion certificate listed. I understand no planning application needed if the extension is is under a certain size but surely it still requires a completion certificate?
I recommend you take advice from Citizens Advice or whatever they are now called. Also a surveyor may give good advice but they do not like to get involved in a dispute.
What I am saying may not be good advice so beware.
One approach is to hire a surveyor, sharing costs with the neighbour. They will say no. Say you will pay, and both parties should agree to abide by the outcome. You need agreement from them in writing, verbal agreement is worthless. And the surveyor may need access to the other side of the fence.
My late mother had a boundary dispute with her neighbours, they wanted to move her fence, to avoid their extension being on the boundary. She hired a solicitor to frighten them. They hired a surveyor but did not share the survey. After mum's death I intimidated them into sharing the survey. It ruled in mum's favour. While her house was being sold, they moved the fence themselves despite having reached agreement with my solicitor. They lied all the time, dishonest, deceitful shysters. The sale went through, thankfully.
What I learnt:
Basically try to avoid solicitors, they practise legalised theft. Try and reach agreement with your neighbour. Sometimes stupid people can be intimidated by well written letters, supported by solid evidence such as a survey.
My neighbour told me they had adopted my fence, as it was unadopted. Land registry told me that was nonsense. I examined my deeds, then showed them to my neighbour, explaining what the marks meant. That convinced them that it was my boundary fence. However, my neighbours are really nice, so it was an honest mistake. Still, I did not feel comfortable having to be a bit forceful with them, but decent people accept evidence presented politely.
What I am saying may not be good advice so beware.
One approach is to hire a surveyor, sharing costs with the neighbour. They will say no. Say you will pay, and both parties should agree to abide by the outcome. You need agreement from them in writing, verbal agreement is worthless. And the surveyor may need access to the other side of the fence.
My late mother had a boundary dispute with her neighbours, they wanted to move her fence, to avoid their extension being on the boundary. She hired a solicitor to frighten them. They hired a surveyor but did not share the survey. After mum's death I intimidated them into sharing the survey. It ruled in mum's favour. While her house was being sold, they moved the fence themselves despite having reached agreement with my solicitor. They lied all the time, dishonest, deceitful shysters. The sale went through, thankfully.
What I learnt:
Solicitors are tarts. The neighbours evidence was laughable, but their solicitor took it seriously.
The neighbours lied continually. When I erected a new fence, as agreed, to replace mums rotten one, they said it was fine. Then I got a letter from their solicitor saying it was in the wrong place.
Only ever accept something in writing.
If you engage a solicitor, all letters go through them. They charge for each one.
Solicitors love a fight, and will bully you if it makes them money.
Solicitors will prolong the oain, to increase their fees.
If you get to court, the law is not exact, and you might lose even if you are in the right, especially if the judge is in a bad mood.
If you communicate with your neighbour, and need to prove that fact, send a letter by recorded delivery.
Boundary disputes can cost tens of thousands of pounds.
Basically try to avoid solicitors, they practise legalised theft. Try and reach agreement with your neighbour. Sometimes stupid people can be intimidated by well written letters, supported by solid evidence such as a survey.
My neighbour told me they had adopted my fence, as it was unadopted. Land registry told me that was nonsense. I examined my deeds, then showed them to my neighbour, explaining what the marks meant. That convinced them that it was my boundary fence. However, my neighbours are really nice, so it was an honest mistake. Still, I did not feel comfortable having to be a bit forceful with them, but decent people accept evidence presented politely.
Sponsored Links
By the sound of it, your neighbours are not to be trusted. Just in case they try it on again in future, perhaps by moving a fence or two to gain a bit more land, make sure you take complete and explicit photographs of all your existing boundaries. I think even a bent solicitor would find it hard to dispute such evidence.
- Joined
- 27 Apr 2008
- Messages
- 9,438
- Reaction score
- 894
- Country
If the fence has been there for 10 years then forget about it - you have lost the land. Also as it was there when you bought the house, its now too late to do anything about it.
You can try the solicitor route, but it will end up costing you money and you will lose.
Go ask on gardenlaw.co.uk if you want some free legal advice on the matter, or just read similar threads on the site.
You can try the solicitor route, but it will end up costing you money and you will lose.
Go ask on gardenlaw.co.uk if you want some free legal advice on the matter, or just read similar threads on the site.
