Advice needed re: erected fence

geordiepaul2001

Hi all,

I have recently got a local tradesman to put up a 6ft fence for me, which in the bulk involved using the existing posts and rails and then nailing the new boards in place of the old ones.
The problem comes with the bottom of the garden (that backs onto a small council field).
The guy has built the new fence in front of the old one due to the trees etc causing too much of an access problem.
I have had a look today and it looks like we have extended the garden by 1ft, and it is blatantly obvious due to the everyones rear fence being in line apart from ours.

I'm not sure where I stand, what penalties could come my way and how to avoid problems in the future.

All help is welcome.

Paul

hardpressed

The council will probably ask for their land back.

111KAB

I would place on record with the tradesman that you believe he has wrongly positioned (I assume you have not paid him if you have only just inspected) and guage his reaction. In order to get paid he will probably move to the correct position however if he doesn't just retain enough money in case the Council come knocking at your door then plead ignorance and refer the matter back to your tradesman again.

Leif

The above answers are probably the ones to follow, but you might want to look at the deeds of your property just to check where the boundary lies. It is not that accurate due to the small scale though. Also it is possible that the council will not notice, especially if you do not tell them. After 7 years the land will become yours. Not that you probably care two hoots about such a small area anyway.

But it sounds like the fencer made a mess, and it is possible you are in the right to ask him to correct the mistake, especially if the new fence is not in line with others which you say is obvious.

keystone

Leif wrote: »

After 7 years the land will become yours...

Acquisition by adverse possession requires a period of use of 10 years under current legislation unless the period of possession in question ended before 2003 in which case its 12 years.

But it sounds like the fencer made a mess, and it is possible you are in the right to ask him to correct the mistake, especially if the new fence is not in line with others which you say is obvious.

Quite. I would say OP is absolutely within his rights to invite the fencer to get it right second time instead of being plain lazy.

Cheers

Cash-Cow_3

If it's not worth going down the route of getting the tradesman to move the fence, you could contact the council and see if you could buy the land. It shouldn't cost very much. If the land is public open space you will likely need a change of use planning application to enclose the area as garden.

keystone

Cash-Cow wrote: »

If it's not worth going down the route of getting the tradesman to move the fence, you could contact the council and see if you could buy the land. It shouldn't cost very much. If the land is public open space you will likely need a change of use planning application to enclose the area as garden.

Nothing like a good joke to liven up a Wednesday morning. :rotfl:


What?



You meant it?



Oh!



Cheers

Leif

keystone wrote: »

Acquisition by adverse possession requires a period of use of 10 years under current legislation unless the period of possession in question ended before 2003 in which case its 12 years.

Thank you. I remembered wrongly.

keystone

Leif wrote: »

Thank you. I remembered wrongly.

S'OK - TBH I always thought it was 15 until I looked into it a couple of years ago.

Cheers