Fence ?

gingernut352000

Ownership of boundaries fences walls etc should be in the deeds as per post a bone I've been responsible by the "T" bit and shared ownership 50/50 it's all been in the deeds. Consult your solicitor but be warned boundary disputes can be very expensive and rarely are deed plans that accurate just be sensible over it.

Ectophile

People have spent thousands of pounds in legal fees, almost bankrupted themselves, and been forced to sell their houses over petty boundary disputes.

Before you start anything, make sure it's worthwhile.

Mojisola

Shiloe wrote: »

Could the neighbours decide one day to take own the fence without consulting us?

It's their fence so, yes, they could take it down.

Mojisola

Shiloe wrote: »

My concern is they rip the fence down to build. However they have no legal right to stand on my land to build their extension so not 100% sure how that will go down.

Read up on the Party Wall Act.

You have rights if your neighbour wants to build so close to your land.

Huskyrunner

take some pictures of it and go see a solictor raise your concerns with them see what they say

Gloomendoom

Mojisola wrote: »

Read up on the Party Wall Act.

You have rights if your neighbour wants to build so close to your land.

So do they.

Shiloe

How would I obtain the deeds to look for the T marks?

I think I will take some photos and speak to my solicitor to put in an objection. I have been reading a Scottish Government planning guide and there seems o be a few points in there which would indicate the planning permission request would be reject anyway due to some of the 'conditions' not being met - although I am confused as to why an architect would put those drawing together if that was the case.

I had thought about speaking to my neighbour first before taking it further but they seem like quite 'private' people so don't really know if that would even do much good.

Norman_Castle

Shiloe wrote: »

I had thought about speaking to my neighbour first before taking it further but they seem like quite 'private' people so don't really know if that would even do much good.

Agreeing exactly where the boundary is before further work is done is the sensible thing to do. Talk to them. They may be happy to discuss this.

It may be the contractors responsibility to move the fence as they built it on your land. What marked the boundary before the fence?.

[Deleted User]

Hi,

have a look here, click on the sample in first box and scroll down to page 12.

Wll give you an idea, though not to the exact inch.

twohooter_2

I suspect that if you are only talking a few inches here that would fall within boundary tolerance. Boundaries are not generally viewed as accurate to the inch (unless, possibly you go down the expensive surveyor/legal route). Certainly the land registry does not acknowledge a problem with a few inches here or there - at least they didn't a few years ago when I enquired. Although annoying for you, I doubt it worth the hassle to pursue unless your garden is so small a couple of inches will make a huge difference. I would just be grateful that I didn't have to pay for the fence! It is possible to build an extension (subject to planning/consents) right up to the fence without having to set foot on neighbours land. Not easy, but definitely possible - in England anyway!