Neighbour wants to put new fence up - how can we tell exactly where the border is?

[Binkybix]

Hello

A but complicated but will try to be concise. We previously wanted to do an extension which originally went right up to neighbour's border into our side return. It turns out that a small amount of side return is actually our neighbour's because the border doesn't run straight - it veers off diagonally at the end of the path. We explored transferring land but gave up and changed design of extension so doesn't use that land at all.

Neighbour has sold up and new owner is now saying that he's going to inform the council that the plans build on his land (they don't) and also that he's going to build a fence. We're fine with this, but how do we make sure it's built in the right place? And I think he needs to give us 30 days notice and advise on materials etc? Thanks!

Council won't find it relevant as to who owned the land, so that is an empty threat. Have you built the extension yet ? No notice required to build a fence or need to agree materials, it isn't a party wall. Your title deeds should demark the boundary line but if not clear a surveyor could be involved.

Thanks - title deeds are a bit fuzzy so difficult to tel exactly where it should be - he's being a bit of an arse about it so worried he might take the piss. We're not even doing the extension anymore!

Land registry.
They will have a general plan and may well have further details of boundaries ect if the developer made it available.

If precise information isn't available, you can agree it with your neighbour and pay a small fee for it to be added to the register.
If however you can't agree then you can either employ a surveyor to try and work it out but obviously the neighbour could do the same and each survey may be different.

or

Probably the best option is to ask the land registry to do a survey and make the decision, I'm not sure as to cost but I don't imagine it would be cheap.

Oh and also check your deeds to make sure there isn't a clause which prevents fences being erected or puts restrictions on them. For instance we are not allowed to erect a fence on the boundary at the front of our property (either side) This was a clause put in by the original developer.

We [Land Registry] would not do a survey in such circumstances or make a decision over where the boundary line is I'm afraid
Our online guidance re boundaries explains the purpose of the title plan and how best to try and resolve such issues, namely through agreement with the neighbour
www.gov.uk/your-property-boundaries

In the vast majority of cases the boundary is quite clear as there has been a hedge, wall, ditch, fence etc put in place - the difficulty is though that such features can change or be moved over time so although in this case it is unclear as to whether that has happened or not as the extension did not go ahead and nor did the planned transfer of land take place.

As others have mentioned the planning authority won't concern themselves with who owns what so telling them that the extension plans encroach on his land will probably be pointless.

The issue though is where do they put the fence - this really comes down to mutual agreement as explained in the guidance. A variety of information can come into play such as the registered title, old photographs taken in the garden(s) which show where a fence, hedge etc previously existed and say the particulars of sale provided by the previous owners - all of these can help build up a picture for you both and then you agree where the fence should go.

Boundaries can often be disputed with neighbours but our recommendation is to avoid such disputes at all costs as they can be costly as well as stressful and also affect your ability to sell in the future simply because you have to declare them to prospective buyers. Using a surveyor is of course always an option as they have experience in such matters but their view is not binding on either party of course.

OK so as of 2013 issues can be referred (by the registra) to an independent tribunal where isses can not be resolved. This replaced the Land registry adjudicator.

Obviously it is easier and cheaper to have a mutual agreement between both parties.