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  • FIRST POST
    • JohnCMcCarthy
    • By JohnCMcCarthy 5th Oct 17, 4:05 PM
    • 3Posts
    • 1Thanks
    JohnCMcCarthy
    Boundary Dispute Timeline?
    • #1
    • 5th Oct 17, 4:05 PM
    Boundary Dispute Timeline? 5th Oct 17 at 4:05 PM
    My neighbour moved in 30th October 2001 and is now claiming that my fence installed many years before this date is now on their land by up to 18 inches and they have threatened me with court if I don't move it. Do they have a case after all this time? Thank you.
Page 1
    • Comms69
    • By Comms69 5th Oct 17, 4:09 PM
    • 486 Posts
    • 358 Thanks
    Comms69
    • #2
    • 5th Oct 17, 4:09 PM
    • #2
    • 5th Oct 17, 4:09 PM
    Yes?
    No?
    Maybe?


    - Is it 18 inches over?
    • theartfullodger
    • By theartfullodger 5th Oct 17, 4:11 PM
    • 8,975 Posts
    • 11,855 Thanks
    theartfullodger
    • #3
    • 5th Oct 17, 4:11 PM
    • #3
    • 5th Oct 17, 4:11 PM
    They have a case:
    They may lose:
    Had you taken steps to establish adverse possession of the disputed land?
    • Comms69
    • By Comms69 5th Oct 17, 4:12 PM
    • 486 Posts
    • 358 Thanks
    Comms69
    • #4
    • 5th Oct 17, 4:12 PM
    • #4
    • 5th Oct 17, 4:12 PM
    They have a case:
    They may lose:
    Had you taken steps to establish adverse possession of the disputed land?
    Originally posted by theartfullodger


    I think it may be too late - the principle is to use the land without challenge, which is now not the case - open to being corrected though
    • bouicca21
    • By bouicca21 5th Oct 17, 4:13 PM
    • 3,150 Posts
    • 3,896 Thanks
    bouicca21
    • #5
    • 5th Oct 17, 4:13 PM
    • #5
    • 5th Oct 17, 4:13 PM
    Are the deeds really sufficiently accurate to identify a boundary within 18 inches?

    How long has your fence been there and what was there before?
    • parkrunner
    • By parkrunner 5th Oct 17, 4:41 PM
    • 722 Posts
    • 1,084 Thanks
    parkrunner
    • #6
    • 5th Oct 17, 4:41 PM
    • #6
    • 5th Oct 17, 4:41 PM
    Is your neighbour correct about the boundary?
    • moneyistooshorttomention
    • By moneyistooshorttomention 5th Oct 17, 4:42 PM
    • 13,659 Posts
    • 37,139 Thanks
    moneyistooshorttomention
    • #7
    • 5th Oct 17, 4:42 PM
    • #7
    • 5th Oct 17, 4:42 PM
    Do you know why this has come up now? - ie after all these years?

    Is the fence in the way of where someone might wish to put an extension on the house?
    #MeToo
    • G_M
    • By G_M 5th Oct 17, 6:55 PM
    • 41,467 Posts
    • 47,845 Thanks
    G_M
    • #8
    • 5th Oct 17, 6:55 PM
    • #8
    • 5th Oct 17, 6:55 PM
    Let us know how this pans out.

    I'm considering asking my own neighbour to move our boundary fence 18 inches further onto his land. No particular reason except a larger garden might increase the value of my property.
    • JohnCMcCarthy
    • By JohnCMcCarthy 7th Oct 17, 11:32 AM
    • 3 Posts
    • 1 Thanks
    JohnCMcCarthy
    • #9
    • 7th Oct 17, 11:32 AM
    • #9
    • 7th Oct 17, 11:32 AM
    There was a low, wire fence prior to the current higher Fence being installed. Height of current fence is not a problem.

    Neighbour plans to replace existing conservatory with a single story extension but plans show this does not extend to the full width of their house.
    • JohnCMcCarthy
    • By JohnCMcCarthy 7th Oct 17, 11:34 AM
    • 3 Posts
    • 1 Thanks
    JohnCMcCarthy
    My current fence was installed 30 years ago, 13 years before my neighbour purchased their property.
    • moneyistooshorttomention
    • By moneyistooshorttomention 7th Oct 17, 11:41 AM
    • 13,659 Posts
    • 37,139 Thanks
    moneyistooshorttomention
    From what you say - I'd say they are just "mouthing off" and it doesnt sound like they are the real owners of any of your garden. I would have thought they would be trying to produce some sort of proof if they really were.

    So they are planning on some building - that you know of. It may be they are planning on a garden revamp after that building has been done and what they would like to do in their garden ideally means having 18" of your garden. Chances are that all your garden is, in all honesty, your garden (ie it always has been from when the house was built).

    In your position - I'd ignore them. It sounds like they are trying to get some extra land that isnt really theirs (ie it never has been).

    NB; The fact you've seen plans for this extension may not necessarily mean that they are "The" plans. They might have amended them since the ones you saw.
    #MeToo
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