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Legal matters

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Fences and laws

3 replies

Raindancer411 · 16/04/2023 13:18

Hi all

Just wondered if a neighbours fence is not in a straight line as he built it himself and wandered off of the original line, what's the legal standing for both sides? Do they then have possession if it's been there a good few years? Can the neighbour whose garden it goes into push for it to be put back in line? It's hard to get an idea of what the law is from a google as it's more on maintenance of a fence than being built off the alignment.

Many thanks

OP posts:
SwapTheYforaD · 16/04/2023 14:34

I'm not a legal professional but have experienced this. We moved into property, a few years later our neighbour wanted to move the fence into our property because it wasn't in a straight line and slightly curved into his garden.

You can pay for a surveyor to assess it but it's not cheap.

Does it differ from what is drawn on the site plan? Did you move into the current property after the fence was built?

The boundary is 'an agreement' between both parties, from what I read at the time. Wish there was something more set in concrete. I'm assuming you're in the UK.

TrinaBA · 16/04/2023 20:21

I asked the other half who is a fence erector and he says ,you will not be able to tell from the deeds but advises a simple string line from your boundary wall to the rear boundary ? To check how far out of alignment and to check if its encroaching on your property ..hope that helps ?

Brahumbug · 19/04/2023 11:07

It depends on how long the fence has been there before the issue of adverse possession arises, if the fence is recent then it is a trespass and as the land owner you are entitled to mitigate the trespass. It is however, best to come to an amicable arrangement with your neighbour rather than start a potentially expensive dispute.

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