Boundary moved at some point - is fence still shared?

TheGMan

Hi All,


Just after some advice as it seems the more I read the more I get confused....


We have quite inconsiderate neighbours next door who moved in about 7 years ago - to the left that is. The neighbours to the right are fine. I won't go into all the ins and outs here. Anyway, we live in a terraced house with adjoining properties either side. To the left there is a passageway which we own (it's a right of way for the property on the left to access their back garden) At the front and back (on both sides) are shared boundary fences. I know all this from the deeds - we have the original (non-electronic) copy.


Anyway, there is a map in the deeds showing where the boundary line is in red. It runs from the back fence to the middle of the back entrance of the passageway, then we own all the passageway and then from the middle of the front entrance of the passageway to the front fence.


At the front, the fence is fine - bang on centre to the passageway. But at the back is a different story....


Something has happened over time and as a result the fence starts at the middle (at the very back of the garden) and then veers inwards on our side by about eight inches - clearly encroaching on our land. It's all wonky and the majority of it is over the boundary line on our side.


From what I have read on the net, We can't claim back the land due to squatters rights as it's been like this since we moved in in 2000 (over 12 years)


However, the neighbours asked if they could replace the fence panels a few weeks back as they had bush screening in front of the fence (They said the bush screening was now unsightly and they wanted to improve the appearance of their garden). At the time I asked how tall and they pointed to a fence that was about the same height as what was there so I agreed. I offered to pay half but they insisted. I assumed (at this stage) that the complete fence was being done as the existing panels would probably have lasted quite a few more years as I frequently wood stain them.


Anyway, we returned home last Thursday to find the 5ft panels (which were the old 'lighter' featheredge panels) had been removed and replaced with higher 6ft panels taking the height to the maximum of 2 meters. The posts have been untouched. The panels are the very heavy weatherboard ones and the concrete posts are only about 3ft 6inches tall.


On our side they've wedged pieces of wood in from the old fence which are all different lengths and stick up all over the place from the short concrete posts - some still have nails in - they've done it to try and secure the panels (a very poor DIY bodge job which hasn't secured the panels and is unsafe as the fence waddles but they can't see it so don't care) And to top it off they've moved all their high plants like bamboo/buddleja from the other side of their garden and lined the fence which has blocked out even more light (as they're about 10ft high) so it's darker in our garden and conservatory.


I think they've done it for spite as we like to sit in the sun (when we get any) and will seriously have to rethink the layout of our garden now as it is a NNW facing garden so sunlight is already restricted by the shadow of the house. I know there is no law regarding the right to light but I like to treat people as I would like to be treated myself. I certainly wouldn't do what they have done without asking the neighbours first.


Anyway, my question is with regards to the fence - given the boundary change and that the current fence sits on what was previously OUR land, is it still shared or by rights do we own it seeing as it's now on 'what was our land???? I don't think either of us could prove who erected it so would it revert to the position of the boundary line on our deeds?


I intend to approach them about the height of the bamboo/buddleja to see if they'll be considerate and maintain them; however, I can see dark clouds looming here and I don't want them being funny about the fence then saying we can't make our side look better as they bought it etc.


TIA