Garden Property Boundary Registration & Fencing

21 Jan 2017
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United Kingdom
Good Evening, Was hoping you could help me please, I have been a homeowner of my property for 25 years, Mortgage paid off and I have my title deeds ownership of the home.

We had a back garden extension built 7 years ago, though, before this, we had a wall and wire fencing which partitioned both my and my neighbours garden, the small wall was in my part garden. Since my extension was built I had a fence erected and my fencer mistakenly fenced up to my extension rather than behind the small wall next to my extension that was a partition between I and my neighbours garden.

There is no dispute between myself and neighbour as she was happy for the fencing, though, she understands that the wall should be in my part of the garden so I have access to the side of my extension, as unfortunately the only way to access my side of extension roofing would be through her (technically my) garden now.

She is more than happy to record a boundary agreement and rectify the fencing back to where it should have been. Also, record a boundary agreement to record the two boundaries between our properties and who is also in charge of hedge maintenance at the front my home which is my responsibility as I have maintained the hedge for 20 years plus.

Additionally, I would also like to record the exact boundary (determined boundary) that I will have plans drawn up by a surveyor detailing a more precise boundary with measurements etc... I would like to do this because my neighbour has mentioned about moving and so I would like these records permanently recorded on my property in order to prevent any future problems or disputes occurring should my neighbour move or if ever I sell my property in the future.

She is happy to go ahead with it all, though, the hick up I have is that she is a council tenant and not a property owner, she has lived there for more than 5 years and has permanent residency but I don't know if she is responsible when it comes to making the agreement on behalf of her side of the property or do I have to contact the council?

I just want to make this process as easy and smooth as possible to be honest, though, I am in a whirl on what to do and how to do it, please? Please do correct me if anything I have said above is wrong and would be kind to have your guidance.

Thank you.
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Unless I'm missing something, why don't you just get the fence moved to the correct place, i.e. where the old wire fence was? The hedge, are you worried that one of your neighbours will start maintaining if for you??? (but having said that, we once bought an house from a housing association and their contractors continued to cut the front hedge for 2 years - we just thought it didn't grow much!).
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If you have taken council land, you need to agree things with the council. Your neighbour cannot give you a right to claim council property. You might be able to use the 'adverse possession rule' if no one has noticed or complained for enough years and you have had exclusive use of the land.

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