Neighbour fenced within the tree line- any legal consequences?

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Hi. I know where the original fence line is, a fence line (and a fence) that was there before my (council) house was built. I am thinking about buying my council house.

Sometime is the 70's the previous neighbor planted a row of conifer trees within and close to the original fence line, that are now about 30 foot high and something of a nuisance with light. Because the old fence was rotten, about 3 years ago I took it down without any complaint from my new (current) neighbors. I told my current neighbor that I'll put a fence up, and he agreed that could be. However, due to finances, I was slow to put a new fence up, but the neighbor eventually did. However, my neighbor has put his fence 135Cm within or inside the original fence line, in fact he has placed it inside the row of his conifer trees. In other words, his conifer trees are now outside the new fence line.

Now, I think both myself and my neighbor would agree that my neighbors property would extent at least up to the old fence line. It could even extend a bit beyond that.

Here is my question: Given that my neighbor has fenced within his tree line, leaving his tree line, or row of conifers, outside of his new fence, is that space between the old fence line and the new fence line (135Cm) open to legal consequences, such as adverse possession? Thanks.

P.S. I add a picture. The line shows the original fence line.
 

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Irrespective of the legal consequences of what the neighbor has done, by putting up the new fence on a new fence line, I'm wondering how to solve the fence issue. Maybe I could ask the neighbor if he would be willing to relocate his fence after I put up a retaining wall. Or, maybe I could ask him if he would sell the fence so I would put it up on the old fence line after I've put up the retaining wall. I think first perhaps I should ask if he is bothered about the trees. If he is not concerned about the trees, I'd cut them down. Then the fence could be more easily relocated. There are several options to consider. I could could just erect a retaining wall and leave it as it is. Technically an option.

I've got a feeling my neighbor would gladly hand over responsibility for a fence to rest on my shoulders. That would mean ownership being with me. Problem is, I don't have a lot of money to spend on a fence, and the new fence looks expensive. :)
 
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I had a fence close to a row of conifers. When, one by one, they blew over, they pushed over the fence posts and gravel boards, and broke the panels.

In your position I would cut down, or severely shorten, those trees, before they come down. You might need gabions or something to support the bank. I think an actual wall will be damaged, unless you spend a fortune on rc.
 
I had a fence close to a row of conifers. When, one by one, they blew over, they pushed over the fence posts and gravel boards, and broke the panels.

In your position I would cut down, or severely shorten, those trees, before they come down. You might need gabions or something to support the bank. I think an actual wall will be damaged, unless you spend a fortune on rc.

Hi. Never thought of that issue. So basically you are highlighting a safety issue here with those trees, that requires addressing, either cut them down significantly, or remove entirely. That is an important consideration as I deal with this border issue. Thanks for pointing that out.
 
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Actually, when I think about it, I should first contact the local planning authority, explain the situation and ask them what I need to do about the wall and what the situation is with the trees. This retaining wall needs to be safely built. My intention is to put up concrete posts and concrete gravel boards. But, I could do with planning being happy with my retaining wall. Anyone dealt with the local planning authority and retaining walls/fences? In general I believe putting up the retaining wall would be general permitted development. But, I am at the moment living in a council house.
 
If it is a council house currently, shouldn't you just pursue this with them? Do you have any rights, as a council tenant, to do anything? Just asking as I'd like to know the answer.

Also, was it you that undermined the treeline by digging out that soil? If that was my house I reckon I'd be getting those trees out pronto as they are one strong storm away from ending up in your garden, in my opinion.
 
It looks to me like he has put a fence up on his side of his land as it was too open without your fence being replaced. All you have to do is address the tree height or if indeed he wants them out and renew the original fence along your boundry. conifers are great in wide open spaces like fields but are a pain in the arse in small/medium gardens.
 
The best option is to discuss options with your neighbour about what he would like done. If you can come to an agreement then great, but as it stands you have no right to cut his trees down as they don't belong to you. You might have a defence to criminal damage if you did, by arguing that it was to protect your property from damage, but I wouldn't go there if I were you to start.

You also are unlikely to have an adverse possession claim all the time his trees mark the boundary and the other fence exists, even after the statutory period.
 

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