Fences & Neighbours

[Pasqual]

Hello,

I'm hoping someone will be able to offer some advice please.

We purchased our home around 3 years ago. After moving in we got married then had our first child, so home improvements went on the back burner. We are now in a position to do the big things we didnt have funds for.
We are looking to put up a new fence as the current one is looking worse for wear. Currently theres a fence up both sides and along the back, it's a large garden, so it is costing a substancial amount -but we aren't looking for neighbours to contribute in any way (house to the left has their own smaller fence behind ours and we cant see the property to the right as this side is panel fencing)
Today we've spoken with both neighbours to let them know our plans and the neighbour on the left is totally fine.
The neighbour on the right has said that she rents from a private landlord and that he gets a bit precious over this subject and it caused huge issues with the people who lived here before us.
Basically there are hedges on the boundary between both properites. They are about 6ft tall and the landlord would not allow the last neighbours to remove them, so they put a fence up to block them out. As a result weve lost about 3ft width from our garden.
I want to have my facts straight before contacting the landlord.
As we have purchased the property with the fence up, can we now claim the land back?
What do we do if he says no, is a solicitor the only option?
His tenant is not maintaining the hedges as it's too much work, this has caused damage to our current fence which is largely the reason we need a new fence in the first place, is there any way we could insist they are removed? (Splitting the cost as they're on the boundary.

Any advise would be much appreciated.
We are in Scotland if that makes any difference.

When I moved into my house, our garden was separated at the bottom from the neighbours by a privet and tHen had a fence on my side in front of it.

I like the green, so we removed the fence and then cut the hedge back on our side right back to the boundary. In theory we could put another fence in front of it but in our garden the privet, kept short and trimmed back works best.

You haven’t lost the land just because a fence was put in front of it, it’s still yours. Take it out, hack the hedge back at your side and put a new fence up.

Great, thanks for your reply.

The landlord is under the impression because the fence has been there for around 5 years, he now owns that part of our land. We will need to speak to him again.

He’s thinking of adverse possession. But that is only triggered after use of
registered land without objection for ten years. Is the hedge his or yours? If it’s his and it is growing over your property you can cut it back (though you have to offer him the trimmings). I’d move that fence back the three feet ASAP.

Ahh ok, not sure how long the fence has been up for but we're getting the work started in a couple of weeks.
He's saying it's his hedge, but I think it's right on the border between the two.
I'm going to get a copy of both deeds from land registry to double check.

adverse possession laws have changed since 2003 - suggestion for you - down load google earth - you can get some history of aerial photographs also local history societies may have them plus also country information offices (can be called other names! contact local council or do search - google is your friend :) )