Boundary issue - don't know what to do

pineapple

In the pre contract house enquiries for the sale of my house I have been asked if I have altered boundaries. There was a full structural survey and the surveyor was all over the place including up the garden (100 foot of hillside). So far as I am aware no issues were identified.
Originally there was no fencing or any sort of boundary marking between mine and the neighbours on either side. We tended roughly what we thought of was 'our bit'. There wasn't a problem until the owner on one side moved out and let his house to some people with a troublesome dog. So together we agreed to put up some chain fencing - to divide his and my garden. That said I paid for it and it's my fence. We probably should have had a surveyor or someone mark it out properly but we did it by eye.
I realised eventually that the fence was probably veering off a little at the top - possibly around a foot - to next doors advantage.. But by that time he had sold the house. In fact the new owners have been there about 3 years and presumably they bought the house with the original area of garden marked on the plans ie not altered.
So does this constitute a boundary change? Would you mention this to the solicitor? Is it too late to move the fence? Ta.

G_M

First, it's a standard question, so unrelated to the survey.

Second, the existance of a fence does not affect the boundary. You can erect a fence wherever you like - on your land, even on your neighbour's land (unless he objects!), but the legal boundary between the properties remains unchanged.

If you use some land for 12 years as if it were your own, and then make a successful claim for Adverse Possession, then the boundary will have changed.

martindow

It sounds as though the plot is fairly large and a discrepancy of a foot might be trivial. The land registry plan is often so small that you would not be able to tell where the boundary is within a foot.

I imagine this is a standard question that you have been asked rather than something picked up on the survey.

pineapple

Thank you GM. I don't want to raise a hornets nest. The new people next door have been very nice about letting me use their steps up the first part of the slope and possibly I have a little bit extra on my side on the lower slope anyway.
Edit: So if the new owners wanted to take down part of the fence, line it up better and reclaim their bit at the top could the people next door contest it or would it be OK if within 12 years?

moneyistooshorttomention

It sounds like it works out a bit "swings and roundabouts" situation, ie you've gained a bit and lost a bit.

From the pov of a future owner (of either house), I would think it might be as well to get it all down in writing in black and white and signed by both households as to how it was and you had both agreed it. On from that, put a note with this form saying words to effect of "Explanatory letter attached".

Some neighbours can be very very odd about literally a few inches (ask me how I know...on second thoughts don't ask me how I know...as it was my nfh trying to argue "black is white" that just a few inches that is mine is "hers" - besides a bigger land question we have here). You never know if one of the houses concerned might get one of them in in future years...so best to clarify now. Some people can be very very petty if they had decided they didn't want you buying next door and will nag and nag and....

princeofpounds

This is not a problem and does not constitute a boundary change.

The fence may become the boundary marker, but the line on the deeds is only indicative to about a foot or two anyway, so it's as good as any in the absence of any pre-existing physical marker.

Go visit gardenlaw boundary forum and read the sticky threads for more info.