Meet the Other Phone. Child-safe in minutes.

Meet the Other Phone.
Child-safe in minutes.

Buy now

Please or to access all these features

Property/DIY

Join our Property forum for renovation, DIY, and house selling advice.

Neighbour fence/boundary dispute

32 replies

passmethebaileys · 26/11/2023 08:58

My first post here, I'm just after some advice please as we are at the start of a potential boundary dispute with our neighbours.
We have lived here since June 2011 and the fence that currently runs between us and neighbour has always been there and is exactly like when be bought the house, neighbours have never said a word about it! The wood has gotten quite rotten so we are looking to replace the fence panels (concrete posts all ok so they are staying, so just new gravel boards and wooden fence panels) so my husband went round yesterday to say the fence was being done in a few weeks. The neighbours have come back with they won't allow us to do the fence as its on their land, they want the fence moving into the middle of the properties (currently they have a slightly smaller gate and access than we do).
We were so taken aback, we said well this is how it was when we bought it so thats how its staying which they are not happy with at all and as stated above said they won't allow it to be done as its on their land. I said if this fence has been in since the houses were built in 2006 then they should have done something about it then, not 17years later they gave some story about they did speak to the people that lived here before but they were all new neighbours and had paid £1500 for a fence with concrete posts and had 2 young children so didn't want to cause trouble and just left it. I said well if the fence was put in wrong it wouldn't be the customer paying for it it would have been the fence company! Since the conversation I've been and looked and measured at the other side of our property and we have a smaller gate and access than our other neighbours do so maybe thats how its meant to be a slightly larger gate to right side and slightly smaller to left side.
I've looked on our deeds ect and they are so small and don't have exact measurements on so hard to tell however it does look like is goes down the middle but how can you tell inches on a document where the houses are about 3cm long!
Hope you are still with me, sorry for waffling on but suppose my question is, what would you do, are we in the wrong to say that fence has been there undisputed since we bought the house over 12 years ago so thats where its staying?

OP posts:
passmethebaileys · 26/11/2023 11:21

Seeline · 26/11/2023 10:57

I find it hard to believe that both original owners moved in without any boundary fence or gates stopping access to the rear of the properties.
If the gates are not of equal size, I am guessing that they are the original gates - your neighbours wouldn't have removed a bigger gate and replaced it with a smaller one if they thought the fence was on their land at that point. And the original owners of your property couldn't have installed a wider gate/access if your neighbours already had a bigger gate in place.

Edited

Yeah completely agree why did they let it stand 17years ago if thats the case!

OP posts:
KievLoverTwo · 26/11/2023 11:45

passmethebaileys · 26/11/2023 11:21

Yeah completely agree why did they let it stand 17years ago if thats the case!

Probably because they found the former neighbours impossible to argue with, and they think it will be easier to get their way with you.

DrySherry · 26/11/2023 11:54

From what you have said it does sound like they might be right about the fence being on their land. However it has now become a historic boundary imo.
You need some proper advice on this one - don't charge ahead and try to replace it without being properly advised.

Movinghouseatlast · 26/11/2023 12:25

I moved house ( 25 years there) over this exact issue. 8 inches of land and my life was turned upside down.

Boundary disputes are notoriously difficult and costly. We spent over £2k trying to defend the stupid 8 inches of land that had always been ours.

Some things to know

Claiming 'sqatters rights' isn't easy. It's also very expensive.

Judges often don't award full costs even if you win the case. Our solicitor estimated it would cost each party a minimum of £30k to go to court.

The Garden Law website and forum is brilliant as contributers are very knowledgeable. On Mumsnet a lot of people just make it up. Repost this on Garden Law.

wutheringkites · 26/11/2023 12:39

Seeline · 26/11/2023 10:57

I find it hard to believe that both original owners moved in without any boundary fence or gates stopping access to the rear of the properties.
If the gates are not of equal size, I am guessing that they are the original gates - your neighbours wouldn't have removed a bigger gate and replaced it with a smaller one if they thought the fence was on their land at that point. And the original owners of your property couldn't have installed a wider gate/access if your neighbours already had a bigger gate in place.

Edited

I would ask them these questions. If you're on speaking terms with any of the other neighbours who have lived there since 2006, it's worth asking them how the boundaries were marked at the time.

passmethebaileys · 26/11/2023 13:07

Movinghouseatlast · 26/11/2023 12:25

I moved house ( 25 years there) over this exact issue. 8 inches of land and my life was turned upside down.

Boundary disputes are notoriously difficult and costly. We spent over £2k trying to defend the stupid 8 inches of land that had always been ours.

Some things to know

Claiming 'sqatters rights' isn't easy. It's also very expensive.

Judges often don't award full costs even if you win the case. Our solicitor estimated it would cost each party a minimum of £30k to go to court.

The Garden Law website and forum is brilliant as contributers are very knowledgeable. On Mumsnet a lot of people just make it up. Repost this on Garden Law.

Thank you for this I needed to hear from someone in this exact position. We've been out measuring and looks like the fence is completely out and so in effect they've got some of our land at the back so we've come to an agreement of going halves and the fence being exactly in the middle the whole way down. Saving ourselves a lot of potential upset and money and looking at your post this is the right thing to do. Thank you again.

OP posts:
Movinghouseatlast · 26/11/2023 14:26

That's great! An amicable solution is always the best way.

Do make sure you document all this, take photos, draw plans. Both sign something. If either of you sell there is a question 'has the boundary line changed'.

New posts on this thread. Refresh page