Neighbours fence (sorry...i know its common!)

Edwardia

I would mail plan of and before and after photos to local council (whichever dept handles conveyancing searches) and also Land Registry so that they know you are building UP TO boundary and why - but keep it factual. Keep copy yourself too.

Also I would check with your insurers whether they can pay out for damage and reclaim it from neighbours' insurers so you don't have to get involved.

If stroppy neighbour has caused damage and you have proof, and you have legal expenses insurance too and for whatever reason insurers unable to deal with it (ie if he has no insurance cos mortgage paid so he isn't obliged to have insurance) ask if you can claim on that. If so they would handle it.

If he's a tenant, contact his landlord. I you don't know, council should be able to tell you.

cyclonebri1

Edwardia wrote: »

I would mail plan of and before and after photos to local council (whichever dept handles conveyancing searches) and also Land Registry so that they know you are building UP TO boundary and why - but keep it factual. Keep copy yourself too.



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There is no legal need to notify or involve the council planning or BR dept for a fence that is considered a temporary structure.

Involving or rather informing the neighbour would be as far as I would go, but it seems to have past this stage already in the OP's case, but maybe a letter to the neighbour informing he/she of your intent as a result of there being no solid boundary, would be the polite or correct thing to do.

Even such as a brick or block built store room under 2.5mtr (ish) can be built right up against the boundary.

I put up a block built garden shed/store after my shed was broken into, about 7ft x 10ft If I recall.
I was fairly sure of myself, but because it was pretty permanent I thought I'd call the council. Told that it was absolutely fine to build right up to the boundary given the height and size constraints, they simply didn't want any involvement.

Do it at your roadside boundary and it's another matter.

Land_Registry

As cyclonebri1 suggests notifying either the local authority or Land Registry of your intentions is unnecessary. Such information would not be recorded and/or used on the result of any subsequent search results.

From a Land Registry perspective you may wish to read our online FAQs re boundaries and the referred to guides. The guidance will invariably refer to trying to reach an agreement or compromise with your neighbour if at all possible, along the lines suggested by some of the other posters.

This may clearly be very difficult to achieve but it is important to note that the only authority able to make a final judgement over such issues would be a court of law and not the local authority or Land Registry. Judicial disputes and legal advice can be expensive but the latter should always be sought if you are in doubt of how best to proceed.

The issues raised by DMFR re losing land can be a complex subject as well but it is important to recognise that movements of 'small' distances of a couple of feet will often be within the scale tolerances applied to official plans - you should read our guidance on 'general boundaries' for a better understanding.

In our experience and having seen numerous threads and enquiries on this subject, recommendations in addition to those already posted, might include
* Taking a variety of photographs as to the current position of the boundary and other structures - this can be useful should a dispute arise and/or when a boundary is moved or removed without you being present
* Avoiding any sort of dispute with your neighbour as if you should wish to move this should be revealed to a prospective purchaser and may 'put them off'