*WIBU* to move my fence back a few inches....

[TriciaH87]

For reference it would not be taking any land from a neighbouring house. We have wasted land about 5 meters wide behind our house followed by a big hill then a line of trees and then a train track. We purchased a 4meter swimming pool to go into the area behind the shed but we are about 4 inches short on the count of legs need a bit of extra space. When they tell you measurements it should really be for the whole area needed. I have 3 fence posts in my garden would you if you were me move the middle one back a few inches to allow for the pool legs. Our garden at the back slopes and gets shorter from the left to the right if the line had been straight it would of been fine. The land behind cannot be used for building on because its a huge hill follewed by train line so the only time anyone ever goes round there is the maintenance team to strim it every few months or usually me to fetch the bloody football when the kids kick it over which is a 15 minute walk to the area to access it. If I did move my fence back a couple inches should I put in a gate to fetch the ball. Had to go round 3 times today to fetch the bloody thing.

Not if it's not your land, obviously, but why not approach the owners (Network Rail?) to see if you can buy a strip? Otherwise if you just go ahead and take the land it could cost you more in legal fees...

Also, your kids won't be able to play (what, at all?) because of losing 4-6 inches of lawn? Apart from in that huge pool, obviously....

It's moving one post a few inches I'm estimating at a maximum here. It's literally because they designed our garden to bloody slope at the back all the others are straight. If ours had been straight it would fit even if the angle had been a couple degrees less it would fit. It's ashame to loose all the grass meaning the kids have no where to play if it's too cold for the pool because one leg is too tight. I'm worried if we don't move it back a tiny fraction the weight from the water in the pool will buckle the fence which will then damage next doors fence as the offending panel connects to the post in our garden holding up their fence.

Really doesn't sound like they would ever notice.
I'd do it.

My neighbours don’t do much with their garden. Reckon I might just move the fence over and help myself to some extra land

It’s NOT your land so no you can’t. How would you like it if you owned some land and someone took a couple of inches of that land, bet you wouldn’t be happy. By all means ask if you can purchase it

You have a garden, what you choose to put in it is up to you, and you chose a pool, rather than leaving grass kids can play on

Suck it up

@Rowantree2020 it's a bit different when the land behind is waste land and will never be used in literally talking about a couple inches and only moving one post back not the whole fence.

Why ask? It sounds like you’re already planning on doing it?

You obviously want to do it and think you can get away with it and don't care that it's theft, so go ahead. It is deliberate and conscious theft though. Just because it's only a few inches of land you seem useless doesn't change that.

Just do it

deem useless, not seem.

It's theft.
You might think no one would notice, but if anyone did you'd end up paying some hefty legal fees. Do you trust your neighbours not to report you? or not to try this themselves and then point at you as setting the precedent if they get caught?

What will you do when you eventually sell the house - move the fence back?

Some of my old neighbours once got into a property dispute about a tiny shitty bit of wasteland that was between one neighbour's lane and the other neighbour's house. House owner didn't own it, lane owner did, but house owner put some pretty rocks in a line along the boundary... then moved them a few inches. Then a few inches more. Eventually the lane owner noticed and asked him to put the rocks back. He refused and they got into a right old battle that lasted 2 years at least of solicitors letters and arguing and name calling and eventually court, where the judge told them they were both being bloody ridiculous for arguing over such a piece of useless land and made the thief pay all the costs, which was thousands. He sold up (at a crap price because relations were so sour that he wanted to leave quickly) and left the area he loved, because it was all such a stupid and pointless mess.

Apart from the ethics, I'm not sure if it's practical to move just one fence post. You would need to dismantle the panels on either side. It looks like you have arris rail panels so they probably won't fit back into the post because the fence is no longer in a straight line. Plus moving one post outwards will increase the distance between that post and the ones on either side, so the existing panels won't be long enough.

You absolutely CAN'T do that.

You absolutely bloody can!

You absolutely bloody can!
On what legal grounds?

Judging by your photo's, you have more than enough room to put the pool at different angle. Or turn it to be along your back fence.

Do it.

If they notice and tell you to put it back, put it back without any fuss whatsoever.

Erm no?! It’s not yours

Yes, you WBU to move your fence and acquire land that is not yours. It might seem a trivial thing but it's theft which is illegal, and which means that there's not a grey area. It's either right or wrong. I mean if you poke someone with the tip of a knife you've still technically stabbed them haven't you?

On what legal grounds?

Legally it's undoubtedly trespass (not theft!). And yes you absolutely can commit trespass. The consequences if the landowner notices are trivial, the chances of the landowner noticing in this case are minimal, and the advantages of the landowner doesn't notice (ultimately adverse possession) are attractive.

More importantly how are you heating this bad boy?

No-one would notice - but you haven't really explained very well why you need to? If it's just to avoid losing 4 inches of grass then buying and fitting new concrete posts and fence panels etc is surely more hassle than it's worth?

But if you can't fit the pool in without doing it then I would. No land registry plans are that detailed to show a few inches of difference.

Where is the ladder to go? Is that why you need more room? If you're only moving one fence panel back how will that work?

If we were asked to move it back we would. I have no room to angle it I tried. If I put it along the fence which is at a stupid angle it's part on path part on grass neither of which are even remotely level. The kids will drown at one end and be paddling at the other.
@shakeituntilyoumakeit using a hot splash heater. Only about 10p a day to use heater but cost a bit to buy.