boundary line

[grizzlebear]

My neighbour wants to block pave his drive but the historical slab of concrete is cast our side of the fence posts that mark our boundary. I think this is because we are on a slight slope and it allows for water run off. He has asked if he can take out the concrete that basically lies beneath our fence and at first i said no he would have to stihl saw it from his side. We have had discussions and he said that he was going to block pave under our fence and take it out anyway. I said basically i wasn't happy and if the concrete did come out i wanted a kerbing laid under the fence as its my land and i dont want his paving on it, even if it is only under the fence. Things calmed for a bit THEN the cheeky @#%*'s wife came round and said they were taking our smaller fence out because they didn't want a fence at the front. We said its our fence and they were to leave it. She said shes not bothered what we do about it she wants an open plan front. Hes trying to talk to us but shes not budging. Im now tempted to go to war?

Any advice? I know its costly disputing land issues.

 

[Mursal]

Tell them you had a wee think about it and would love a good high wall instead of the fence. She will soon come round to leaving the fence if you keep pushing for a wall, just make sure she doesn't want a wall before you start.

If she gets her way, what will be next on the wish list? He's probably no better only more experienced hiding his true objectives.

Very hard to get good contented neighbours, they always want something more.

 

[seco services]

Any advice? I know its costly disputing land issues.

Not always costly.
I had a boundary dispute over a fence/extension issue and the court granted that she was to pay all my legal expences and gave her a court order that she don't ever step on my land or touch the fence without my say so.

 

[grizzlebear]

The worry is that years ago the previous owner of our house had the rear fence done and these neighbours asked for it moved our way a foot so they could get round thier garage as it was right up to the fence. Now they have removed the garage and i asked to restore the line of the fence. They point blank refused saying the land was given to them.

 

[seco services]

If the deeds are to the original line it's still yours.

 

[spraggo]

The worry is that years ago the previous owner of our house had the rear fence done and these neighbours asked for it moved our way a foot so they could get round thier garage as it was right up to the fence. Now they have removed the garage and i asked to restore the line of the fence. They point blank refused saying the land was given to them.

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Unfortunetly, if your rear fence was moved on to your land more than 12 years ago and their has been no disputing it since, then your neighbours can claim your land by adverse possession. If it was moved less than 12 years ago then your house deeds will show exactly what land you own. Contact your local land registry office and they will confirm this providing that your land is registered.

Regards spraggo

 

[Deleted2797112]

If the fence was moved with permission, which it sounds as if it was, then adverse possession can't be claimed.

 

[spraggo]

If the fence was moved with permission, which it sounds as if it was, then adverse possession can't be claimed.

 

[Deleted2797112]

From the Land Registry practice guide:

Adverse possession requires factual possession of the land, with the necessary intention to possess and without the owner’s consent.

In this case, the owner at the time apparently gave consent.

The law relating to AP changed in 2002 so assuming these properties are registered, the neighbour would have to apply to the LR for AP and the OP would be notified and object. Although for a foot of land the neighbour would be foolish to go down this route.

The safest option for the OP is to contact the previous owner and obtain a written statement of truth that the neighbour was given permission to install the fence on the OP's land then write to the neighbour withdrawing the permisssion.

 

[spraggo]

From the Land Registry practice guide:

Adverse possession requires factual possession of the land, with the necessary intention to possess and without the owner’s consent.

In this case, the owner at the time apparently gave consent.

The law relating to AP changed in 2002 so assuming these properties are registered, the neighbour would have to apply to the LR for AP and the OP would be notified and object. Although for a foot of land the neighbour would be foolish to go down this route.

The safest option for the OP is to contact the previous owner and obtain a written statement of truth that the neighbour was given permission to install the fence on the OP's land then write to the neighbour withdrawing the permisssion.

So adverse possession CAN be claimed

 

[Deleted2797112]

If you mean can the neighbour fill in a form and send it to the LR with a fee, then yes they can. But they have no claim as consent was given.

 

[spraggo]

If you mean can the neighbour fill in a form and send it to the LR with a fee, then yes they can. But they have no claim as consent was given.

I give up

 

[Deleted2797112]

I don't understand what question you're asking or what point you're making. The LR practice guide referred to above explains the conditions that must be met for AP far better than I can so if you want the fine print, that's where to get it. If I recall correctly, there is a separate practice guide on AP and unregistered land. Details will be on the LR website.

 

[grizzlebear]

The question was . The cheeky cow wants to rip the fence out down our driveway. She dont want a fence but we do. Its our fence and if she ever gets it out i know it will never go back in. Trouble is then that you have them bashing our car when they open thier car door. It became clear yesterday when he said without the fence they could easily get both cars on. Question is can you resolve it peacefully and where do you go next. My other point about the rear fence is just me saying how hard it is to please this woman. When i do the rear fence she dont want it putting back to the origonal line. However i will as its only been 5 years. its the issue with the front fence thats the problem. We are still talking but i wonder if its only because she wants to keep chipping away at us.

 

[tataylor1]

what height is the fence? if it's your fence and on your land and not over a certain height then you don't have a problem other than thinking of different polite ways to say no, right?

incidentally try and always park your car so the driver's side is next to the car that might bash it. then you're more likely to see it as you get in and out and not have to try and remember who put that dent in or when. Also any damage will accumulate on one side and be easier to fix.