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Original poster

Anyone about to help? Feeling very worried! Neighbour fence dispute.

43 replies

MissCookie64 · 17/03/2018 20:51

I really hope someone can help and reassure me.

Moved into my house 6 years ago, shortly after the neighbour moved into theirs. We have a 5ft fence between us.

Last week he asked me while I was out in the garden if I could move the fence a meter onto my garden. He was holding some map/deeds/land registery or similar from 1962 and said that I was encroaching on his land by a meter. This was extremely unexpected and I felt very overwhelmed and said that when I bought the house the boundary and deeds (deeds 2000) match very closely. I thought that was the end of it.

Today I have received a letter stating for me to go over for a meeting regarding moving the fence and if I don't reply or move the fence within 28 days it will show I have no intention of doing so!

Do I have to meet him? Should I reply or just ignore the letter?

I'm worried that he will take me to court, will he have a chance of winning if he's going back all these years? I am a single mother, living on my own with DC and no family nearby.

OP posts:
Catinthecorner · 17/03/2018 21:10

Send a copy of your deeds back with a cover note that the current fence boundary is in line with your paperwork. He’s a CF and trying it on

Original poster
MissCookie64 · 17/03/2018 21:19

Thank you for your reply. He is known as a bit of a bully but I haven't had any trouble until now.

Will he be able to take me to court? Would a solicitor stand by him and fight this?

OP posts:
honeysucklejasmine · 17/03/2018 21:21

Is the letter from him or a solicitor?

ApplesTheHare · 17/03/2018 21:22

How long has the fence been there? Have you looked at your deeds again? Has the letter come from his solicitor? He will find it very hard to contend this, especially as he hasn't mentioned it until now.

Original poster
MissCookie64 · 17/03/2018 21:28

The letter is from him not his solicitor, although he did tell me to seek legal advice when he first broached me about the boundary. The boundary fence has been up for over forty years (previous owner) that I know of, although this has been replaced several times but the boundary has stayed the same.

I have photo evidence that the fence was there in 2006 if that helps.

I'm just so worried that he will take it further and I won't be able to stand my ground financially.

OP posts:
PeppermintPasty · 17/03/2018 21:29

Yes, is the letter from him or a solicitor? I'm a conveyancing solicitor. PM me if you like, I mean it. Can't stand this sort of twattery from people.

PeppermintPasty · 17/03/2018 21:31

X-post...I see it's from him. Still PM me if you like. I can take a look for you.

ArnoldBee · 17/03/2018 21:31

First of all check your house insurance yo see if it has legal cover. If it does ring them immediately and let them deal with it.

Original poster
MissCookie64 · 17/03/2018 21:36

Thank you Peppermint

I don't think I have legal cover, but will phone them on Monday.

OP posts:
Ariela · 17/03/2018 21:37

Obtain a copy of your deeds and his from the Land Registry website - it's about £3 each I think, and use a surveyor to measure your garden and compare to the offical deeds.

Original poster
MissCookie64 · 17/03/2018 21:41

Ariela The recent deeds seem to match the boundary it's him wanting to move it back to match some deeds from the 60s. We are talking nearly 60 years ago.

Wouldn't the surveyor have checked that it was ok when I bought the house? Although I have read that boundaries can be out by a few feet and where is a definitive boundary in a rural, old property?

OP posts:
tealady · 17/03/2018 21:41

Maybe something useful here from the RICS website on boundary disputes?
www.rics.org/uk/knowledge/consumer-guides/boundary-disputes-guide/

dwinnol · 17/03/2018 21:47

Land reg staff here.
We wouldn't map something according to a 1961 conveyance only. If you live in a house with a fence all around it that is the boundary we would use. Boundaries move all the time. He wouldn't have any success in taking you to court. Just tell him the fence is staying where it is.

ApplesTheHare · 17/03/2018 21:49

Woop go PeppermintPasty

I love the thought of mn shutting this boundary bully downGrin

Motherofstudent · 17/03/2018 21:57

ignore ignore ignore

Do not go to any meeting or get into any kind of verbal or written discussion on this at all. If he speaks to you about it practice saying a one-liner like, "there is nothing to discuss here" and just keep repeating it. If he continues to harass you, you could report him to community police?

He has no grounds for pursing this at all and I don't believe any solicitor would touch this with a bargepole. Land registry details don't go into that amount of detail - they don't show specific measurements to that degree.

PeppermintPasty · 17/03/2018 22:00

Good advice from dwinnol, and I would expect nothing less from LR staff Wink.

Tell him no to moving the boundary and no, of course you don't have to go to a meeting with him.

Also, don't worry about surveyors or anything like that, that's a bit previous.

Also, good evidence of the boundary position from 2006 will help.

Original poster
MissCookie64 · 17/03/2018 22:01

dwinnol I know this sounds a bit stupid, but on the other side I have a hedge I take that means the same as a fence? The deeds I have on my house is very similar to what's there now and the deeds are dated year 2000. My fear is he's going to drag this out with a solicitor and it's only so much I will be able to spend in legal help my side.

OP posts:
PeppermintPasty · 17/03/2018 22:02

Yes, a hedge is a boundary in the same way as a fence is.

DavenotChas · 17/03/2018 22:06

If the fence has been in place for 12 years or More, it is the boundary.

For what it's worth, the land registry documents are drawn within a 3 foot tolerance (so very close to a metre). If you give them a ring on Monday morning to set your mind at ease, they will confirm that.

It sounds to me that the only problem you have is that your neighbour is a test.

DavenotChas · 17/03/2018 22:07

*your neighbour is a twat

Avasarala · 17/03/2018 22:07

I doubt a solicitor would take this on for him - he's using documents that really are no longer aplicable.

Take Peppermint up on her offer - that was so nice! And tell this guy where to go.

Good luck!

NotAllTimsWearCapes · 17/03/2018 22:08

What an absolute prick! Why does he suddenly want an extra metre in his garden when it hasn’t been his for 40 odd years? How ridiculous. What on earth prompted him to find deeds from the 60’s? He’s a sad little man willing to ruin neighbourly relations over this.

Original poster
MissCookie64 · 17/03/2018 22:19

Thank you all for your replies, you won't belive how much you have all reassured me. Flowers

He must be a very sad little man, I can't believe someone could be this much of a knob! Neighbour relations is truly ruined, there will be no chance that I will speak to him again. Awful man.

OP posts:
dwinnol · 17/03/2018 22:27

A hedge is a boundary, so is a ditch, a river etc etc
As other said Land Reg will not be drawn on specific measurements and we work only with general boundaries within a tolerance of a metre.
He will struggle to find any solicitor to take this on because they know he will not win. He claim has no validity. Just ignore him.

A useful bit of something to think about. If I have to map something from an old conveyance and there is no boundary we will use a projection from a firm feature (a building usually). So does the fence run in line with some other boundary feature? Usually it would run in line with a wall from the house or it will be half way between the two houses.

IThinkThatsWeird · 17/03/2018 22:28

BTW. Make sure you have some recent dated photos just in case he tries to move the fence.

Is the fence yours or his or 'shared'. It doesn’t make any difference to the boundary but if the fence is your actual property then it’s easier for you to tell him not to touch it. Iyswim

Also if you download the deeds for both the properties make sure you do it via the Gov.Uk website not a look-a-like website that will do it for you but at great expense.