Should I tell new neighbours their trees are inside my fence?

[miaCara]

Several years ago my next door neighbour had her idiot son put up a much needed replacement fence between our gardens. However , instead of following the line of the old fence he opted for the easier method of simply going round any obstacles.
In this case the obstacles are 3 quite mature trees which the original owner of the house had planted/allowed to grow along the fence line.
The trees are now on my side of the fence and although sturdy enough they wouldnt be my choice of tree .
There are now new owners of the property who are not yet aware of the tree/fence situation.
So should I tell them of their tree ownership? They are a young family and probably couldnt be less interested in trees just now.
What happens if there is a problem with the trees - is this down to my insurance since its within the new fence line for example?

Putting a fence up doesn't change where the legal boundary is.

Yikes, this sounds like a bit of a nightmare waiting to happen. I think I’d tell them the fence was in the wrong place in a matter of fact way.

Well I know that but the new owners can only see a solid fence from their side. Ive still got the short concrete fence posts that were installed when the house was built in the 50s to indicate the boundary line.
It will all come as a bit of a shock to them and really the fence aint going anywhere -probably until it falls apart.

Im just not sure what I/we should do about it , if anything, right now. Im not sure I can be bothered with the faff if I can avoid it.

Surely when they bought the house their so,icitor would have checked the plot and boundaries and they would have documents showing this?

do you want to chop down the trees? If so I’d just do that and seemingly the new fence line favours you so I wouldn’t make an issue out of it?

Land registry documents showing boundaries are pretty inaccurate and leave a lot of ambiguity in my experience.

Why didn't you get it sorted at the time ? Not a great way to greet new neighbors.

I’m not seeing the problem or the issue
the trees are one there land like they add always have been

if you really must raise with them just tell them they have another foot or so of land at the other side of the fence

As the old neighbour put up the fence, it sounds like they put up their fence on their land, the fact its not on the boundary doesn't matter. As previous posters have said, fences automatically constitute boundaries.
I'm not sure i see the issue? If you dont like the trees then just speak to them and ask if they have any plans for them.

@Catroo Fences do not automatically follow boundaries. Is this what you meant to say? Ownership of the trees is another matter entirely if they need maintenance or become a nuisance. Therefore I would mention it. It matters.

The land registry plans are only accurate to within about a meter. Exact boundaries can only be determined by a surveyor looking at any historical plans and looking at the location of any boundary features, like walls and fences.

It sounds like the fence position actually gives you slightly more land, but that land includes trees you don’t want to be responsible for. They’ve bought the land on the assumption that the boundary is the fence and aren’t expecting to need to maintain the trees.

Any actual boundary dispute is incredibly expensive to resolve, can take years, and you’d have to disclose it if you want to sell in future.

So I’d be inclined just to stay quiet, let everybody proceed on the basis that the boundary is where the fence is, and carry on with your life with your small bit of extra land.

You could test the waters by mentioning in passing that you’re going to get those trees trimmed and see if they respond with “but those are our trees!” but that seems unlikely.

Fences do not necessarily constitute boundaries. You can put a fence anywhere on your own land, that doesn't automatically give your neighbour access up to the fence.

OP you need to talk to your neighbours about the boundary and ownership of the trees.

Can you add a diagram please

I think you need to write to them aswell as talk to them . Tree surgery can be very expensive. Now is the time to speak whilst they are new.

Are the roots your side of theirs, is it the branches that are on your side.

The original boundary marker posts are still there, from when the houses were built? That's good then. Leave them there.

We have the same on one side of our garden. Long story short but we have about 6 inches of our neighbour's land within our garden, as there is an extremely narrow gap between our fence and their extension, which neither of us were able to maintain. We have a 'gentleman's agreement' I think it's called.

It sounds like the trees are effectively in 'no man's land' between two boundary fences?

I'm not really seeing the issue - if the trees become a problem tell your neighbours they belong to them if there is an issue.

Not sure why you are calling the previous neighbours son an idiot? Surely it's up to them which side of their fence they decide to have the trees?

@PlumPlumb what no man’s land? There’s a standard boundary. The fence is on the boundary except where it skirts around the trees. Then the fence is purely on the neighbours property. However the trees still belong to the neighbour and are their responsibility. It’s not rocket science. So the op should clarify this with the neighbours in case the roots damage property or there needs to be tree maintenance. It’s a fairly simple discussion and the trees are not forming a no man’s land!

How long ago was the fence put up? If 12 years or more then you could apply to have the boundary clarified in your favour. Of course they may already realise or if the gardens are long not care

@hahabahbag A fence does not mean a boundary follows the fence! The boundary is where the trees are that are now on OP’s side of the fence! That’s not a boundary dispute. It’s about whether the new people know the trees are theirs! Who needs a new boundary?

I wouldn’t frame it as these are your trees. I’d frame it as your predecessor put a new fence up within your boundary instead of on the boundary. Your garden is actually a bit bigger than you think. You’re welcome to reinstate the fence on the original boundary line.

@thinkfast
The op clearly states they are not her trees. They have the fence built around them but that doesn’t mean they are hers and the fence is not on her side! It’s too far on the neighbours side making the trees look like they belong to the op. The fence should have abutted the tress and the op should definitely say the trees are theirs. Moving the fence to the boundary might cost a bit but again, it’s the neighbours fence. It’s all worth a friendly discussion.

@MeetMeOnTheCorneri think you’ve misunderstood my post, but it was written in a rush this morning and I now see I wasn’t clear enough.

what I meant was, yes I would tell the new neighbours about this. however, I wouldn’t frame the conversation as “hi new neighbours, just letting you know these are your trees, so you are responsible for them”, as that’s not likely to create a great first impression and foster good neighbourly relations.

instead, I would frame the conversation as “hi new neighbours, I’m sure you already know this, but just a reminder that your predecessors moved their fence within the boundary of their garden. Your actual boundary is further over - here where the original fence posts are. This land, including the beautiful trees are yours and you are welcome to move the fence back to the original position of course”.

Thinking about it a bit, and my neighbours were wondering if the dividing fence might be mine - it isnt.

The issue is likley to come where the trees need work in which case you dont want to get involved in a dispute about who pays or who is/was responsible.

So what they need to be clearly aware of and ideally you need to give them a letter and keep a copy is that the trees are their responsibility not yours.

I note that those dreadful Europeans often have legislation that prevents the planting of trees against property boundary's and clear legislation around hedges

@thinkfast Yes. That’s exactly it! Apologies if I misunderstood. The big issue is tree maintenance and root damage. The op doesn’t want to be responsible for either.