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Fences, property boundaries etc - what is the law?

4 replies

MuddyMare · 05/04/2012 13:33

Can anyone enlighten me what the law is about boundaries, fences being in a particular location for a certain number of years etc? We are looking to buy a property and it is very clear, looking at the plans we have been given, that some of the fences (put up by neighbours, we suspect, as the property we are looking to buy has been empty for a number of years) are on our (future) land, some by a good couple of metres. I seem to recall that there is some rule about a fence being in a particular location for so many years and then that becomes the boundary by law. Can anyone help? If we wanted the boundaries re-established is there any way (in law) to do this?

OP posts:
hathorinareddress · 05/04/2012 13:44

Are you in England?

SophieNeveau · 05/04/2012 13:53

I would not want to live next door to people who accidently or knowingly stole land from another, I would keep looking personally.

Fizzylemonade · 05/04/2012 20:18

You may want to have a look at garden law website and their forums on boundaries and fences.

There was a case recently over the position of a fence blah blah blah, went to court, then to appeal, fence stayed in same place and costs were £140k!!!! Shock

Tread very very carefully re boundaries, the top sticky thread on the boundaries forum on Garden Law states by a conveyancer "Put your tape measure away"

Sadly I have experienced a boundary dispute and it gets ugly, it leads to other behaviour and actions and it is not worth it. The title plan for a property is merely there to identify which property you are buying and to give you a guide as to what is included. This is advice from the solicitors we spoke to about the dispute.

The law has changed on "squatter's rights" or adverse possession so now it needs to be in place for 10 years then the squatter applies to Land Registry to have the land registered to them (applies to registered land only) then LR contacts the title holder and they have time to rectify the situation.

Sadly it often goes along the lines of this, move your fence back to the right position, to which they reply, no and if you touch my fence I will call the police and have you for criminal damage as I can prove I bought the fence and it is my property. See telegraph advice page

Best line in that is "The true owner must evict him promptly" you have got to read Garden law to see how bad this gets. It is hair raising what people will do.

Fizzylemonade · 05/04/2012 20:23

Sorry meant to say the Telegraph advice page just tells you the law, however solicitors sit at their desks writing the letters over disputes but don't have to live next door to the nutter and suffer the harassment and abuse.

If you ever wanted to move then selling becomes a huge issue because no one wants to live next door to the nutjob who you are trying to move away from.

A case on garden law is 5 years and still on-going.

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