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

golddustmedia

There's no obligation to have a fence.

If the dispute is there is a fence in the wrong place and they don't have their full land entitlement then remove the fence.

If the other neighbour wants privacy they can choose to erect a fence if they want one!

IDProtected

The person who carried out the conveyancing would probably not have viewed the property and therefore not known that the fence was in the wrong place, so I don't think they can be blamed. I'm not too keen on the idea that if it has been there more than 7 years you can claim title to it - this would only be POSSESSORY title and not ABSOLUTE title which will be a bit of a nightmare if and when you come to sell the property.

Obviously you need to see a copy of the title plan which is in the Land or Charge certificate to make sure that they are right, but if they are and want their land back, please don't fall out with them over it. There is nothing worse than a feud with a next-door-neighbour, they could make your life miserable for years. If the land is theirs and they want the fence moved, plead poverty. Say things are a bit tight for you having only just moved but that you would be quite satisfied with them taking back their land.

Good luck!

barginpleasure

IDProtected wrote: »

The person who carried out the conveyancing would probably not have viewed the property and therefore not known that the fence was in the wrong place, so I don't think they can be blamed.
Obviously you need to see a copy of the title plan which is in the Land or Charge certificate to make sure that they are right, but if they are and want their land back, please don't fall out with them over it. There is nothing worse than a feud with a next-door-neighbour, they could make your life miserable for years. If the land is theirs and they want the fence moved, plead poverty. Say things are a bit tight for you having only just moved but that you would be quite satisfied with them taking back their land.

BigAde wrote: »

I wouldn't take the word of the neighbour on this matter.
Check with the solicitor who did the conveyancing. You can also check the filed plan on the deeds - it may indicate who is responsible for the boundary fence.

MSE_Debs wrote: »

Money Moral Dilemma: Should we pay to shrink our garden?
We've just bought a house and moved in. Last weekend, our new neighbour came around and apologetically explained she'd just found out the garden fence is in the wrong place (and has been for years). Moving it will mean we lose a portion of our garden. We've checked with the Land Registry and she's right – but she wants us to share the cost. As I see it, she is the one gaining garden, so she should pay.

I wish people would read the query properly. She has check it and the neighbour is correct the land is theirs.
Also a conveyancer is paid to make sure everything is in order imagine if it was an garage without permission the the new owners were asked to knock it down but paid the price for the garage standing.

Mojisola

barginpleasure wrote: »

I wish people would read the query properly. She has check it and the neighbour is correct the land is theirs.

It's not as simple as that with boundaries. If a boundary has moved over time and has been in its present place for some years, it doesn't matter what the map says - the boundary on the ground is where the boundary is.

barginpleasure

It would never become the legal boundary – the boundary is as it is on any plan on the title deeds. It may be that the neighbour is happy for it to stay where it is, in this case not so, until they come to sell – it may then become a problem, in which case, the extra land could be bought and fresh plans prepared, or in this case the fence moved and land claimed back.

JayD

They should pay - and they should also ensure that YOUR garden is left in as good a state as it was before they moved the fence too. )h and make sure they don't take mokre than is theirs by digging the holes for the new fencing on your side of the boundary line.

hieroglyph

Neighbours come and go... Worrying if you will upset them is only a temporary feeling. After all, they aren't worried about upsetting you are they?? Anyway, regardless of all the 'amount of time uncontested' and 'solicitor's failings' issues discussed here, you may find giving in on this will be just the beginning of a stream of exploits from them... Stand firm and 'alone' if necessary.