Boundary dispute

Stu_22 · 7 October 2017 at 1:13AM

Hi this post is about a boundary dispute we've lived at the property 5 nearly 6 years
The neighbour has seen me erecting a pagola near the boundary (12inches away from his fence) and I don't think he likes it.
He is now saying I've stolen 18 inches of his land because there used to be boundary post on my side before I moved in.
The previous owner of my house had professionals in every year and had the garden landscaped with patio areas ECT up to the fence.
The boundary is separated by a fence which he put up we've managed to trace it back to being erected pre 2009 and he said the reason he did that was so he could put post in for a carport which means they would be in my garden as it is now.
I ended the conversation with you can take it to court if you want and I've spoken to a solicitor which said all they would do is check to see if there are any boundary posts which there isn't and take it from there .
Has anyone had an issue like this? any advise is appreciated
Thank you

Davesnave · 7 October 2017 at 7:37AM

"The boundary is separated by a fence which he put up we've managed to trace it back to being erected pre 2009 and he said the reason he did that was so he could put post in for a carport which means they would be in my garden as it is now."

Your post isn't clear. Who is the "he" in the above quote?

It's a very common issue, and as you're the one who has the disputed land, the other party has to prove what they're claiming. This puts you at a strong advantage.

So far as you're concerned, you bought what you saw when you viewed the property, so it's up to the other person to supply evidence of what they say. A boundary post that isn't there now is not much use to them, nor will the title plan be accurate enough to provide certainty for an 18" strip.

I wouldn't be drawn into discussion on this or spend money on solicitors without there being a strong challenge with specific evidence that the fence is in the wrong place.

moneyistooshorttomention · 7 October 2017 at 8:24AM

I'd tend to agree with Dave on this one.

My next door neighbour here spent some time trying to make out that a strip of my garden was "hers" - but all boundary markings and the Title Plan indicated it was as much mine as it looks as if it is iyswim.

They didnt have any evidence whatsoever that any of my garden was "hers" and didnt even seem to have a figure in mind of exactly how much of my garden they were trying to nick.

They had to give up their attempts to "nick a bit" from me in the end and the irony of the situation is that I've realised since that they have, in fact, nicked a bit of another piece of land that doesnt belong to them and I do have evidence that it isnt theirs (but am leaving it be other than to tell people what she's done to show her up - because its not mine and that theft of theirs isnt putting me out).

Stu_22 · 7 October 2017 at 10:06AM

Morning thank you for your reply
I'm on a corner plot and the neighbour that's disputing it is at the bottom of my garden and the side of his covering his drive the side of his house and garden,his fence cover the bottom of mine and my attached next door neighbours garden in a straight line so my attached neighbour would be affected aswell.
Thank you

Davesnave · 7 October 2017 at 10:53AM

Stu_22 wrote: »

,his fence cover the bottom of mine and my attached next door neighbours garden in a straight line so my attached neighbour would be affected aswell.

So it's his fence.

There's nothing preventing a person from putting a fence 18" back from the true boundary, but if they do that, it's their responsibility to maintain markers showing where the boundary lies, or to take photos which prove it. Otherwise, who will believe them if there's nothing obvious to show its position in years to come?

If you have another neighbour similarly affected, that's a bonus. It makes any change from the situation now even less likely.

bouicca21 · 7 October 2017 at 10:58AM

I'm struggling to understand why he would put a fence up inside the boundary in order to put a post for a carport on the old boundary outside his fence.

Stu_22 · 9 October 2017 at 8:30PM

Yes it's his fence that he out up more the 8 years ago but since I've put a pagoda up I've now stolen part of his garden (I've only lived here 5years) I think he thought I would just accept it and have 3/4 posts in my garden and all the rain water ECT draining into my seating area.
I'm 99% sure he's just being a !!!! like normal, it might even be jealousy as one of the comments was you've got the biggest garden on the street and your pinching other people's even though I've not changed any fences or hedges.
Thank you for your comments I'll wait for the court letter.

Davesnave · 10 October 2017 at 7:18AM

Stu_22 wrote: »

Thank you for your comments I'll wait for the court letter.

It will probably be a long wait!

shaun_from_Africa · 10 October 2017 at 10:04AM

Stu_22 wrote: »

The boundary is separated by a fence which he put up we've managed to trace it back to being erected pre 2009

Is there any way that you could find out exactly when the fence first went up?

http://www.telegraph.co.uk/finance/property/advice/propertyclinic/5231581/Property-advice-adverse-possession.html

The Land Registration Act 2002 has reduced the required period to 10 years

So if someone can show that his garden fence has been in its current position for at least 10 years, he should be able to acquire title to any land on his side even if the neighbour can show the legal title is theirs.

Boundary dispute

Comments

Categories

Get our FREE Weekly email full of deals & guides - and it’s spam-free