Boundary Dispute

[Anonanonandon]

We have lived in our house for 10 years, our neighbours for 2 years. The fence line between our 2 properties has been in its current position for at least 24 years. We have aerial photos.
We have sold our house and this evening our neighbours came round and asked if we can straighten out the 'kink' in our fence before we leave. They claim our fence does not follow the Land Registry plan. Having looked at the plan they could have a point, but to straighten the line we will have to demolish our garden shed and the end of our patio wall.
Does anyone have experience of the 7 year Boundary Rule as I think it might apply in this instance.
I am also anxious that we have filled in our legal forms saying that we have no disputes, as we didn't, but now we have!!

The Land Registry plan is based on the OS map and cannot be used to determine whether there is a kink in the boundary. See if there is a plan attached to the transfer made when the property was sold by the builder. In the absence of evidence to the contrary what is on the ground will be the best evidence for where the boundary is.

"In the absence of evidence to the contrary what is on the ground will be the best evidence for where the boundary is."

Very much this

Also, there really is no such thing as a "7 year Boundary Rule", it's ten years.

If, the fence actually is demonstrably in the wrong position then this is a case of adverse possession.

Adverse possession is a lot harder to do these days. But there is one situation where it is a lot easier to get adverse possession and that is when there are two neighbours and one occupies the land of the other reasonably believing it was theirs. For example, as in your case, if a fence had been erected in the wrong place so you have taken some of next doors garden.

In this case you had no intention of acquiring land you did not own – you genuinely believed all along that you owned it because that is where the fence was.

If it turns out that you were wrong about that, the fence was in the wrong place all along, then it doesn't matter as you end up owning it in the end by virtue of adverse possession.

@Anonanonandon you say you have sold your house. You need legal advice as the purchasers are buying the house and garden they viewed and as set out in the estate agent details. Moving the fence now could have repercussions.

^ This and also point out that to your neighbours that they also bought their house based on where the fence is now. Why is it suddenly an issue? It is absolutely ridiculous for them to declare now that they are unhappy with the fence line. Fences don't run straight for lots of reasons, such as around shrubs or trees in the past.

Boundaries on plans actually equate to a large area on the actual land if you scale them up so that red line is massive in reality and is a guideline of the property and land you are buying. Ask me how I know all of this. Been through a boundary dispute.

The only people who come out well in this are the solicitors if they get involved. You don't have a dispute yet because this is verbal and not in writing so you could deny it. Your neighbours are being unreasonable. You can post for advice on Garden Law, they have a forum for all sorts of land disputes.

Have a read of this from a solicitor on Garden law about putting the fucking tape measure away.

https://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=3149

I would politely and verbally tell your neighbours that they bought their house as seen with the fence in place for the last 24 years and that you are not prepared to move the fence after you have sold subject to contract with the buyers believing that they are buying as seen and they bought as seen with the fence line as is. Leave it there and see what happens. Don't engage your solicitor yet. If they respond, don't rush with a reply. Let them think you are thinking about it. They are crazy.

Thank you for all your advice. We invited our neighbours over yesterday evening and we all discussed the situation and looked at both sides of the fence.
It is difficult to explain but straightening out the 'kink' will make a big difference to them as they are planning an extension.
We have agreed a compromise which doesn't involve demolishing our shed. As the change runs behind the shed, it does not make any difference to the use able space in the garden and it is still possible to get behind it to paint it.
I very much doubt our purchasers noted the fence line at this point so it is a risk I am prepared to take.
Thank you all again.

It's a big risk. If your buyers do notice (and they will obviously notice the neighbours extension), you may be sued!

I think you're skating on very thin ice not to let your buyers know!

"I very much doubt our purchasers noted the fence line at this point so it is a risk I am prepared to take."

The estate agent's listing doesn't include any photos of your garden? It's very easy to compare the photos from the estate agent with any subsequent changes.

@Anonanonandon It’s a big risk as historic Google earth and os maps may show the fence was changed after 24 years. Just make sure you tell your solicitors what you have done.

That is a bigger risk than I would take.