Real-life MMD: Should we pay to shrink our garden?

NeetaMD

As far as I see it, there is no boundary dispute as both are agreed where the true boundary lays. So long as the true boundary is identified to any future purchaser of either property there seems to be no problem.

If I was the owner who has just moved in I would stop using the strip of land owned by my neighbour then he can choose to do with it what he wishes, including erecting a new fence if he so desires

In my opinion, staying on good terms with a neighbour is essential, even if they are somewhat difficult. After all you have to feel comfortable in your own home and avoid any difficulties when you come to sell again!

florere

Find out who is responsible for maintaining the fence, it they are then they should just build a new fence in the proper place and there is no reason why you should pay for it, if it is your responsibility to maintain the fence, then you can decided whether to build a fence or not, unless there is a covenant on the land requiring you to do so. Meanwhile I think you have a case against the previous owners for not disclosing that the fence was in the wrong place, with a smaller plot of land your house is not worth what you paid for it and you have been mislead.

evilbunnyhahaha

what a nightmare! I'm sure at the moment you have better things to think of that moving a fence! anyway, this is something that the survayer really should have found BEFORE you bought the house, so you may be able to claim back on him/her for not doing a complete survey. we're currently going though buying a house and our surveyer took AGEs doing it because of contacting the Land Redgistery to confirm the placings of all fences. also, if this neighbour is pretty much pouncing on you as soon as you move in, it would make me think that there had been previous problems to this effect with the previous owners. again, if you requested to know if there were any issues with the neighbours BEFORE you brought the property, you could claim back on the previous owners for basically lying to you.

having said that, if the land is hers there is nothing you can do about it. however, you did not place the fence there, you just have the misfortune to move in to the place with the fence too far over. the cost should not be yours. but whos fence is it in the first place? if it is hers than theres no obligation on you to even help move it, let alone pay for it. personally, I would tell her, you understand the land is hers, you have no objection to HER moving the fence, but unless she intends on yanking it down, there can really be no costs other than that of concrete to fix the posts?! and as this is a problem that occured before you moved in, the costs are not something you are willing to cover. how much land has she lost to you? I've heard of massive disputes like this being made over a fence being replaced accidently ONE INCH too far into the neighbours garden! I really hope you get this sorted soon so you can enjoy your new house. its rather unfair of her to demand this of you as soon as you move in. its not something one suddenly decides to look into, therefore, she/the previous owners already knew this problem

yabbadoo

paolojf wrote: »

AnturCynhyrfus post #13 says "as if it's all theirs then you have absolutely no legal requirement to contribute".

Even if it's your fence, there is no legal obligation to even have a fence. You could leave the land open if you wanted to do so. The neighbour, if they wanted a fence, would then have to erect their own but completely on their side of the boundry line, not on it.

Ooooh .... check your deeds VERY carefully before accepting "you could leave the land open" - my property deeds (not unique) specify the party fence lines AND whose responsibility it is to maintain them (owner or neighbour).

Establishing that fact, first, determines your next action.

IMHO your valuer/solicitor must bear some if not all liability. They're the experts, you paid for their expertise, and it's their lack of expertise which has substantially led to this situation, not lack of care on your part.
If the neighbour's case is valid, it should have been spotted by the experts. You've not put a value on this - if not too substantial, perhaps the Small Claims Court route is open to you ?

pennypinchUK

I suggest you find out who moved the garden fence originally, and why. And then find out why they've only just noticed it. For all you know at this stage, your new neighbour may be taking advantage that you've just moved in to get their job done on the cheap.

Good neighbours are a godsend, but at this point you may be finding out for the first time that your neighbours are kaniving opportunists, who you may not want to get along with anyhow.

Taff_major

If you go on to Google Earth you may find the boundary is visible. It is also possible that there are earlier views of the area, so you may be able to see the position over a period of years.

cuba2008

I had a similar problem in 1993 when I moved into a house (I no longer live there). My neighbour's husband tried the same one on me, telling me I had some of their garden (the line wasn't straight - it veered off to their side by several feet from about halfway down). Gave me some waffle about it being to do with a previous owner, whose hedge had pushed the fence over. He made such a fuss that I offered to sell it back if it meant that much to him but he didn't want to pay! Seemed to imagine I'd just give it back for nothing. His wife did tell him to shut up about it though so clearly she'd heard the complaint before. When I came to sell some 14 years later, I got a proper look at the original Deeds and lo and behold the line never was straight. Compensation I think for the frontage being narrower so, to make all gardens equal, there was more at the back. Anyway, it wasn't a problem when either they sold or later when I sold. As for the OP, I most certainly wouldn't simply take the neighbour's word for this. I suspect, as others do, she's just trying her luck because you've only just moved in. Could well be this was an ongoing dispute and, if so, the vendors had a legal obligation to mention it. Then again, could be the vendors truly believed the matter had been settled some years back and the neighbour is taking advantage of the situation, assuming you'll just roll over. For all you know, it was the previous owners of the neighbour's house who erected the fence in it's current position. As for the suggestion you should pay towards the cost - why on earth would you? Whatever the outcome of any checks you carry out to determine whether you or your neighbours are the rightful owners, it certainly isn't up to you to fund a new fence. You weren't living there until recently and are therefore not responsible for the cost involved.

alfacat

A quick response hopefully which will help as I've not had opportunity to read all five pages of posts (first day back at work since Christmas eve - still going through my 1,000+ emails...)

Other than being upset with your solicitor for not having sorted this, you need to find out how long the boundary had been in its position - over 14 years and by the Act of Limitation and the joy of adverse possession it's yours!

right - back to emails for me....

DarronRathbone

A similar dilemma has happened to us. Google 'Adverse Possession'. Its part of UK civil law that boundaries that remain undisputed for more than 10 years become the new boundary in law. So it will depend how long the current fence has been there and not been disputed.

GraceCourt

For what it's worth, I'm firmly of the view that the neighbour should pay, as you always have the "do nothing" option.

But, much more importantly, why do you think you paid such a huge amount of money for the conveyancing of the property?

Because the (bungling) professional who handled this should have verified that the property subject of the purchase was indeed the property of the vendor... not 90%, or 95%, not even 99%, but 100% as per the Land Registry title. You should immediately draw this situation to that conveyancer and make it clear that he or she has been grossly negligent, but that you are prepared to consider an offer of settlement rather than progress the claim.

We were in this situation in 1997, where (luckily) the problem was spotted by a locum solicitor when our own went on holiday after contracts had been exchanged but before completion. Long story short, the vendor was forced to buy an extra strip of land so that the property specified in the contract could be conveyed to us, all at the vendor's cost.