Boundary issues

Davesnave

Mistral001 wrote: »

I would see a solicitor fast and get up to speed with the law in this regard.

I agree with all you say, except the above.

This is a money-saving site, and visits to the solicitor aren't normally free.
People can learn all they need to know online, like here:

http://www.gardenlaw.co.uk/

and here:

http://www.boundary-problems.co.uk/boundary-problems/fences.html#Your%20neighbour%27s%20fence

...but I think enough good guidance has also been given on this thread.:)

paddy's_mum

In your shoes, I would simply install 2 or 3 concrete posts as accurately as possible so that the line of original boundary markers is replaced and your neighbour then has nothing further he can demand from you.

jamesp31

Ok thanks everyone for the advice. We will run with the picket fence for now as that will look a lot better than some ugly concrete posts.

PixelPound

Go to land registry site, various faq on boundaries. Unless deeds state it, there doesn't have to be a fence, not obligation to maintain any. Ex-council terraces often were allocated one fence when sold off, but not always the case.

moneyistooshorttomention

jamesp31 wrote: »

Thanks for your advice. The only thing with putting a fence up on the inside of our boundary would then be the whole issue of who owns it, eg if he sold up, new neighbours query it, how could we prove that the fence is actually ours and is inside our boundary line? Agree with previous poster as well with regards to solid walls, though to naive little old me, to me what's his side of the fence is his, what's my side is mine. At least I think that's how it should be!

If you'd got a neighbour like my nfh it aint so simple - as they can see clearly where the boundary lies but that didn't stop them trying to claim that a bit of my garden is theirs. I had to be very forthright indeed with them to stop that nonsense in the end:(. Whats my side is obviously mine and is indeed mine - so the thought didn't occur to me what a fuss she would kick up trying to grab it.

Some neighbours are like that...

G_M

If the boundary is his, then it's up to him to decide whether to put a fence on the boundary or not. - and pay for it.

If the boundary is yours, the decision, and cost, is yours, and personally I'd not bother with a picket fence or concrete posts or anything.

Mistral001

Davesnave wrote: »

I agree with all you say, except the above.

This is a money-saving site, and visits to the solicitor aren't normally free.

In a difficult case like this, going to a solicitor now will probably save you money in the long run. Especially if the OP listens to some of the other people on this site and ignore what we are saying.

Alchemilla

I respectfully disagree with Mistral.

A solicitor is unlikely to save you money and is likely to create a written record of a dispute.

Far cheaper to take a reasonable and peaceable approach which doesn't mean you have to be walked all over.

jamesp31

Alchemilla wrote: »

I respectfully disagree with Mistral.

A solicitor is unlikely to save you money and is likely to create a written record of a dispute.

Far cheaper to take a reasonable and peaceable approach which doesn't mean you have to be walked all over.

Well it doesn't really get any clearer. Looking at the deeds and the sellers information sheet from when we purchased the property, it appears that the boundaries are all our responsibility. Yes we could just come to a mutual agreement with the neighbour, agree on a boundary line and mark it in whatever way we decide - fence, picket fence, posts or whatever, but what we are concerned about is that we could end up creating an incorrect boundary, and if he decides to sell, and the new neighbours decide to query the boundary line, then we could be in trouble. Really don't know what to do now!

Davesnave

jamesp31 wrote: »

Yes we could just come to a mutual agreement with the neighbour, agree on a boundary line and mark it in whatever way we decide - fence, picket fence, posts or whatever, but what we are concerned about is that we could end up creating an incorrect boundary, and if he decides to sell, and the new neighbours decide to query the boundary line, then we could be in trouble. Really don't know what to do now!

You are making this too complicated now.

A solicitor won't know where the boundary marker posts were before they were taken away, and if you don't know exactly, then you'll have to agree their likely positions with your neighbour. Hopefully, there's something by way of a reference point or points you both can work from.

That will be the agreed boundary.

Title documents are notoriously bad at pinpointing exactly where lines are on the ground. So, it doesn't matter who might move into your neighbour's house next, as they'll not be able to deduce any more from the title plans than you can.