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Boundaries

37 replies

Queenofmews · 08/10/2023 09:35

I live in a detached property and the old garden fence is not on my actual boundary.
I have lived here a few years and although I had thought it oddly placed I have never really looked into it until now.
I need to install a new fence all around my home ( the old garden fence only runs a short distance as my garage then blocks rest of neighbours garden, hard to explain) due to issues with my neighbour and I need this to be on the correct boundary for some practical reasons as well as not accepting an incorrect boundary. I will call my neighbour Bill.
I have been told by a different neighbour who has lived here for much longer than either me or Bill that what happened was that the previous owners (now dead) of Bills house moved the garden fence over on to what is now my land whilst the then owners of my house were in a care home and then died. My property was later sold to the people I bought from who were unaware of this history.
My deeds show the boundary line although not actual measurements as no deeds do this. There is a concrete garden path which defines the boundary edge too.
I have a property information form from when I bought stating no boundaries were moved in the previous 20 years.
I also have an aerial photo of where the original correct boundary fence was.
Plus I am in a row of ten identical houses and all have the same width of boundary.
Despite all of this my neighbour is trying to argue that I cannot put up a new fence as he says the old garden fence must define the actual boundary and obviously this is to his benefit.
He is a difficult person with a history of trouble with other neighbours here.
Any advice please?

OP posts:
PurBal · 09/10/2023 06:26

Use the legal aspect of your home insurance. Family member is 3 years in to a similar dispute. They were quoted £60k. Family member started this 18 months after moving in and one of the first things raised was “why didn’t you deal with this sooner?”. They had a surveyor confirm family member owns the land and now have to go to court as neighbours refuse to budge. They’ve cut down mature trees including an old oak, so sad. And built sheds on the property.

Broccoliforever · 09/10/2023 08:23

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prh47bridge · 09/10/2023 08:55

CheshireSplat · 09/10/2023 05:57

Lots of people talking about adverse possession, but didn't the law change so the person claiming adverse possession has to make an application and the other person has the opportunity to object?

I'm not a property lawyer so please double check this and don't rely on it!

It did for registered land. However, an objection can be overruled if the land being claimed is adjacent to land owned by the claimant and they reasonably believe they own it.

Bill has only lived there 6 years so not long enough for adverse possession

The entire time since the fence was moved counts for an adverse possession claim, not just the time Bill has owned the property. If the fence was moved more than 10 years ago, Bill may be able to claim adverse possession.

Broccoliforever · 09/10/2023 09:06

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Littlegreene82 · 10/10/2023 08:23

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Octobermeterreadtime · 10/10/2023 08:37

Next time the ddog appears ring the ddog warden. Paying a fee to get him back may see him wanting a new fence...

ErcolSofa · 10/10/2023 08:40

Have you downloaded and looked at his deeds?

Littlegreene82 · 10/10/2023 10:29

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Littlegreene82 · 10/10/2023 10:30

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Octobermeterreadtime · 10/10/2023 11:22

In our area ddog warden collects found ddogs and owner pays £70 to get it back from council kennels.. .. Recently found one and this precisely happened.

Littlegreene82 · 10/10/2023 12:34

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Barrowgirl · 13/10/2023 15:16

Any update Op

i have to say - I think Bill has a strong case given he purchased the property under the impression this land was his and for some reason you didn’t mention for the last 6 years. Very odd

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