To fence or not to fence? That is the question

leftieM

I'm looking for some advice about securing our boundary with our neighbour.
At some time before we bought this house our neighbour, a developer, cut down our hedges and put up a fence with the posts on our side of the boundary (not all of them are fully on our side - about half of them are). We have the 'ugly' side of the fence. The previous owner was an elderly lady with no family and according to neighbours didn't agree to this (she thought he was cutting back the hedge).
Anyway, this developer neighbour is trying to bulid apartments in his back garden (pp decision not made). We worry that he could move his fence to take more land if it suits him and we don't know what the law is on this. From what I've read, someone can land grab and unless you're willing to go through an expensive legal process there is nothing you can do.
We thought of putting up our own fence but it's coming in at £1000 for the fence and we'll have to give up more land for it as we'd need our own posts etc.
My question is, can we take photos using string along our boundary as a marker ( there are walls at each end to denote the boundary) and will this be enough to keep us safe legally? Should we tell the neighbour to move his posts? Is there anything else we can do?
Thanks

ian103

A fence can be post a wire,this would identify the boundary, and yes if he takes you land, I would move the fence if it became a major issue. Not worth getting into land disputes really as the only winners are the legal bods as per normal

themull1

Your boundary line should be on your deeds, why not put up a beech hedge on your side?

leftieM

Yes, the boundary line is given in the deeds but as the conveyancing solicitor pointed out, in a garden what point do you measure from? Our best guide is the developers building plans showing the boundary and the a couple of walls at the boundary.

A hedge has to be planted back from the boundary line and needs years to mature to the point where it can act as a good demarcation of land. I need something short term as the developer next door gets his planning decision next month and will begin building then if approved.

alleycat`

Logically:-

Take some pictures of the current layout, hold a dated newspaper in the images.

Get a long measure (such as a tape measure) and measure side to side, again take photos.

Do the same against other fixed reference points from the property to the boundary.

Concrete something into the ground deeply and take photos of it in relation to the fence.


Or, if you are that way inclined, plant some landmines and stick up some "achtung minen" signs.

Jaynne

How about just getting some ground stakes and chicken wire or even garden wire for while the building is ongoing. Photo it as suggested and measure. You should be able to tell if they then try to move your "fence"

cyclonebri1

Forget the deeds, they are likely inaccurate an have no reference points.

You need to photograph from a point with 2 references in the photo.
The others have said this before, but the point is if you accept the boundary is correct now, it's simple to photograph and correct.

Google earth may be your friend here?

But if there is a dispute over existing boundaries, that needs sorting quickly.

Don't quote me but I'm sure I've read something about is a boundary is unchallenged for a period of 5 years it becomes a given to the "robber".,

Take action.

leftieM

I think I'll photograph the boundary - simple enough with reference points - and put in some cheap wire. I'll spend what's left of the £1000 on shoes and handbags.
Hopefully the developer will steer clear. The previous owner was a vulnerable old lady and the developer thought that he would own the house one day so he wasn't fussed about what he did to her land. I'm much meaner than she was.
Thank you all.

ladylouise62

Also consider taking some shots from a bedroom window (or even a different neighbours window if that is helpful), it's a different angle that could add to the info.

southcoastrgi

normally if you erect a close board fence then the posts are on your side & you put the good side to your neighbour, so if it went to court you could argue that the fence is yours due to the way it has been erected & he has no right to touch it.

cyclonebri1

I don't like fences but that's another issue, but one thing I'm certain of Keith is that if Ihave to go to the expense of erecting a fence, I'm going to make darn sure I have the best side to look at. ;)