To fence or not to fence? That is the question

cyclonebri1

cyclonebri1 wrote: »

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.

Can someone shed any light on me quoting myself here, or am I talking total garbage?;)

mishkanorman

This website is a great source of information, you may find your answers from the previous questions asked before.

Mojisola

cyclonebri1 wrote: »

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".

Sorry for quoting you!

Are you thinking of adverse possession? If so, it's ten years - https://www.landregistry.gov.uk/professional/guides/practice-guide-4

leftieM

I have read that you can grab land and if no-one objects within a certain time frams then it's yours. people do that at the back of schools and golf courses where there is deep growth. It's very naughty.
As for the fence having the good side facing out - this is so that you don't lose land and also the cross boards act as a ladder so, for security, you don't want the bad side facing out.
Also, it is true that, in cases where the ownsership of a fence isn't clear, it is assumed that the owner is the person with the posts on their side.
Hopefully it won't come to that.

cyclonebri1

Mojisola wrote: »

Sorry for quoting you!

Are you thinking of adverse possession? If so, it's ten years - https://www.landregistry.gov.uk/professional/guides/practice-guide-4

That gets heavy so I gave up, yes it went/goes something like that. I'll try and pin down what it was I read.

keystone

CB1 - You are talking about adverse posseession and yes its ten years but to make a claim you have to prove that you've had use of it for ten years.

Cheers

keystone

leftieM wrote: »

As for the fence having the good side facing out - this is so that you don't lose land and also the cross boards act as a ladder so, for security, you don't want the bad side facing out.

Any fence should be erected not on the boundary itself but on your land so you will "lose land" as you put it irrespective of which way round the fence is erected and it makes no difference for a panel femce anyway. There is nothing in law that requires you to erect the fence with the "good" side facing your neighbour.

Also, it is true that, in cases where the ownsership of a fence isn't clear, it is assumed that the owner is the person with the posts on their side. Hopefully it won't come to that.

Sorry but thats not true either for the same reason. The owner is the person whose land it is on and who paid for it.

Cheers

Mojisola

keystone wrote: »

CB1 - You are talking about adverse posseession and yes its ten years but to make a claim you have to prove that you've had use of it for ten years.

Exclusive use - and that you've kept the owner off it.

Some people have tried to claim adverse possession of an area that they have cultivated for over ten years but, unless they have fenced it off and stopped other people using it, they don't stand a chance.

keystone

Mojisola wrote: »

Exclusive use - and that you've kept the owner off it.

Some people have tried to claim adverse possession of an area that they have cultivated for over ten years but, unless they have fenced it off and stopped other people using it, they don't stand a chance.

Yes you are correct forgot to include that important little word and fencing it off also meets the second criteria which is intent to use.

Cheers

cyclonebri1

keystone wrote: »

Any fence should be erected not on the boundary itself but on your land so you will "lose land" as you put it irrespective of which way round the fence is erected and it makes no difference for a panel femce anyway. There is nothing in law that requires you to erect the fence with the "good" side facing your neighbour.

Sorry but thats not true either for the same reason. The owner is the person whose land it is on and who paid for it.

Cheers

:rotfl::rotfl::rotfl:

That's not being offensive by the way.

The issue I had a few months ago and I'm sure KS will remember was a dividing wall, a boundary wall and also a retaining wall.

Where does the boundary lie on an undisputed example as such.

And where the owner of the boundary is on the low side of a retaining wall.

How can he keep it legal when he has the right to install adequate and substantial foundations plus drainage, which will cross the vertical boundary