NDN's fence posts on our land

[KaptainKaveman]

Hi there, I was just after a bit of advice please. Our NDN's wooden fence posts are on our land: it's the section of the fence which runs along the side path from the side gate to the gardens. It's obvious where the boundary is because our house is about 2 feet higher than hers and our path is raised accordingly, yet for some reason the posts are along the edge of our path. Surely this is illegal? the fence is hers and we have no issue with this (it's her boundary) but I don't think she's allowed to have her posts on what is clearly not her land.

We want to get the path relaid and can't do it with the posts in the way. What would people suggest as a suitable course of action? our NDN is an old woman who never ever agrees to anything and we've had minor problems with her before (nothing major).

I was thinking a polite letter asking for the posts to be removed and repositioned on her land? then if she fails to cooperate are we allowed to remove them ourselves?

Thanks.

Oo I can't help. It sounds tricky. I do know that a fence owner will have the posts on the outside but they shouldn't be on your land.

I'm pretty sure we are entitled to take them down but just want to check! the posts are on the outside of her garden (eg facing in to our side) as well as being on our land!

Talk to her.

When was the fence erected?

How far into your land does it go? Inches? Feet?

I don't know when the fence was put up. We've been here for 5 years and just haven't had time to look into it yet. The posts are about 15/20cm square.
Talking not an option I'm afraid - she slams the door in our face.

First step is to talk to them and explain that it's on your land and needs moving. I'm guessing they won't be thrilled to hear this as it will cost a lot of money to get it moved.

If they refuse to move it, then maybe a solicitor's letter will help.

It may have been done for privacy reasons. A 6ft fence becomes a 4 ft fence if the land on the other side is 2 ft higher.

If the actual fence is along the boundary and only the posts aee on your land i couldn't get worked up about that tbh.

Sorry, crossed posts. I guess ask a solicitor to get involved.

Is it possible that the fence wasn't built by her? If the posts are on your side it's possible that it was built by a previous owner of YOUR house which would explain their position. Usually the ugly side is on the side of the owner for maintenance purposes.

Has she been there a long time? If so a previous owner of YOUR property could have built the fence inside your boundary to separate from difficult neighbour. This can be done regardless of who owns the actual boundary line.

Why can you not relay the path without moving them?

I would be very reluctant to rip out an elderly neighbour's fence in a dispute about 20cm of land.

This is not straightforward and just because it looks like your land, this isn’t a given anymore.

Did you buy the house like this?

So the fence acts as a retaining wall to your higher level. Difficult for you to argue that previous owner may not have agreed to this and move them now, unless you are prepared to pay.

Yes we bought the house like this. It's 6 feet high as well, which means on her side it's 8 feet high , so maybe it's our fence after all....I'm confused! she has emphatically told us it's her boundary and her fence.

All the signs would indicate it's your fence, or even jointly owned.... I wouldn't go off what she says. Have a look on your deeds, it should say there

Thanks everyone

Given the time from purchase to you now raising, there is now a precedent set, and removing it isn't as simple as if she had done this last week.
Personally, I'd say why kick off when you've lived with it for 5 years?

I also think that you should take your time and consider if it’s worth the aggro. Surely you can lay a new path around the posts?

If you are absolutely sure they are on your land I’d just remove them and get on with it.

For the sake of 20cm I'd pop a note through her door saying you're relaying the path and that might necessitate removing the fence and posts temporarily but assuring her that they will be put back exactly as is.

Then only take them down in small sections, so not the whole lot at once.

Are you sure it's ndn's fence and not yours? Do you have the title plan to see? You can download it for a small fee from the land registry, which may be cheaper than getting a solicitor involved.

I'd suggest if 6ft your side AND fence posts facing you it is actually your fence, as over 6ft height (from her side) would need planning.
Given you don't really want a lower fence, nor the agro of conflict, do you ? I'd say just lay your path around it.

Double check all assumed facts op..
Our ndn started knocking down' his 'wall last year..
Actually our wall on a listed building (rented) and caused mayhem..

How can you know exactly where the boundary is? You can't go removing a fence when it has been established there before you even moved in.