Garden fence

[Howlongtilldinner]

my neighbours fence has been put on my property next to my extension. You can clearly see the fence on my side of the drainpipe and the soffits. I have a problem with my extension which is not built up to the boundary line. I've asked my neighbours if they/I can remove it, because I have a problem with some damp, but can't get to the wall because the fence is right up against it. They haven't done anything yet.

Where do I stand and what is my next step?

Can anyone help please?

Are you absolutely certain about the position of the fence and do you have the correct position documented? The difficulty is that land registry plans aren't precise so it's difficult to get precise measurements on the ground. If the plan shows the boundary going between fixed structures then it's much easier.

Did you have the extension built and how long ago? Have you raised objections about them moving the fence?

You need to keep communication open - maybe invite them round and show them the planning permission documents which state the extension has to be x distance from the boundary, etc.

Even if it was their land you'd be entitled to access your property from it for maintenance.

So, speak to them again and ask them what they propose to do and when.

Hello Wow.. I'm pretty sure the fence is on my land. The extension was already here when I bought the property.

I've now been back to them reiterating my damp issue. It's a young woman living there who told me her Dad would be dealing with it. I left her my number the first time so he could call me, but as of yet I've heard nothing.

I think it's very rude and un neighbourly not to communicate with me. When I speak to her next, it will be with a time/date of when I'll need to move the fence, but what if she refuses? I need to know where I stand before I go round there.

Ask when you can expect to hear from him as it's now x days/weeks since she told you he'd deal with it and the problem is getting worse and you really can't wait any longer.

If she doesn't give a helpful response ask her to get her dad to call you by x date or you'll just get the fence moved to where it should be without any further discussion, much as you would rather agree things with them. That should put the wind up them and prompt a response.

So long as you don't just remove the fence and can back up the boundary with evidence such as the planning permission details for the extension and the title plans then I think I'd just take action. Pretty passive aggressive of her not to engage with you on this.

Thanks wow..I really don't want to fall out with neighbours, but it needs immediate attention. I just wanted to be aware of my rights etc before I started doing anything. I'd never behave like this. She's only been there 3 months.

I think they're going to make things difficult. I might get some legal advice.

I'm also wondering who owns the property, her or her Dad, it seems rather an intrusive question to ask her, but I should be asking the 'owner' for permission shouldn't I?

If the fence is genuinely on your land then you don't have to ask anyone's permission, you can just have it removed. It is your land. You will be responsible for replacing the fence obviously - in the correct position.

Arrange for someone to come an remove the fence from your land, fix the damp issue and build a new fence. Give your neighbour written notice that this will be happening.

Have a look on GardenLaw forum fences bit, don't touch the legal route yet. Get lots of advice before you take any action.

www.gardenlaw.co.uk/phpBB2/viewforum.php?f=6&sid=be10a0065e9925db5c4195357e196fa8

I am assuming the fence has just been put up recently in the new position. Was there one there before.

Have a look on google maps or any photos you took in the garden that show where the original fence was.

It is a fence with wooden posts or concrete base boards and concrete posts? Did you just return home one day to find it all done? (just trying to get info)

You can find out who the owner is via the gov.uk Land Registry website for £3, but if the house was sold three months ago, the sale may not have been registered yet.

The fence has been there for some time so not new. Wooden base boards/feather board, not panels. Can't remember where the original fence was because I thought my extension was on the boundary line (in my naivety) and never had any issues. Only since I've had the damp, it was pointed out to me that the extension has not been built out to the boundary line, and the fence is on my land.

I will follow your suggestions

Thank you for your help

Ah - has the extension been up for more than ten years?

Yes wow..does that make a difference?

Because if the fence was moved more than ten years ago, i.e. after the extension was built, it is possible the next door neighbour acquired the land via adverse possession. It is a complex area of law. Get hold of your neighbour's title plan and title register online and check the boundary lines.

Even if the neighbour acquired the bit of land the fence is on you still have rights to access your property for maintenance purposes, but if the neighbour won't communicate you may need to apply for a court order.

Seriously though, get both sets of title registers and plans and talk things through - ask your neighbour and her dad to discuss it with you onsite. They may raise no objections and it could all be plain sailing. Do not mention adverse possession to them though!

Do I do this on the land registry site wow?

Yes - make sure it's the official site though. Each plan or title register costs £3 for an instant download.

Thanks so much for your help Wow