land boundaries issue

pilavas

Hi Guys,

I am stuck in a muddle of puddle at present so here goes:

Just bought a house and thought everything was going well until my neighbour decided to pull down the fence which I'm responsible for and rebuild it while I was at work.

I am the only property with a garage which requires a side drive entrance to get to the garage at the rear of the property, luckily my misses was at home and I managed to get him to stop but at the point he had already dug the trench and poured cement down.

Upon speaking to him over the phone he said that the boundaries are all wrong and he wanted to put it right claiming that I have taken around 60 cm of his land but this fence was erected over 50 years ago now. He also wants to take part of my front drive for him claiming he owns part of it. Now me panicking I called the previous owner who was also stunned at what was happening and confirmed that he went to the council back in 1979 to apply for extra drive side land which was granted, he told me he got a solicitor to do all the work for him which was granted.

I now plan on making contact with the solicitor which are still around to see if they have any form of record regarding this case and also contacting the local council. I have checked the title register and can't see much to go by.

Is there anything else I can do ?

When the previous owner bought the property off the council he decided to apply for more side space from the other property as it was council owned.

I have already contacted the police to ensure he does not start building again until this is resolved, but i have a gut feeling he will trying and finish the work while im away.

Thanks in advance.
Fazil

Davesnave

This is a civil matter and the police will only be interested if you can show them that the destruction of the fence was criminal damage, or unless things get heated and there's a breach of the peace. As you have no paperwork at present, do not rely on them for that, but your local community police person might be a useful intermediary in a situation like this.

Take photographs now and locate any you have which show where the fence was originally.

Evidence that the fence was there for decades will help you, as will any paperwork, but it may take some time to locate the latter. If a solicitor was involved there is likely to be some.

It sounds as if the previous owner will be able to give a sworn statement, if necessary, which will be a major help to you should the neighbour decide to push their claim.

Meanwhile, you have taken the right action, so don't worry about what the neighbour might do in your absence. Be pleasant, but suggest they stop for a sensible period because you intend to show you have legal title to the land.

kathrynha

Photograph everything. Google earth will hopefully be clear enough to show a fence position as it was. Going back further than that might be difficult, but aerial photos might be available. I know our local historical society has lots of aerial photos from over the years.


As it was a council house, and the council should have records of the house purchase, along with any additional land.

I would say that as it sounds like things have been the same for 50 years, then it should be up to your neighbour to prove what he says, which I doubt he can, otherwise he would of done it earlier, or at least talked to you or the previous owner first.

Kynthia

I'd talk to a solicitor ASAP and get an injunction to prevent him doing any work for now while you investigate.

pilavas

Thanks for all your support.
The fence has been there for over 30 years and I wonder why he waited till now to move it. The previous owner is quite annoyed also.

I have engaged a solicitor and contacted the local council they will be going through there archives to seeewhat they have.

stator

Did you happen to take out insurance with legal expenses?

bouicca21

He thought a new owner wouldn't notice ...

EmmyLou30

He's waited for a new oner so he can do it in the hope you'll take his word for it or be a soft touch. Don't let him get away with it!

pilavas

I hate confrontation but I have to fight for this.
i will be getting a bricklayer to build the wall back up to its original border of Monday lol.

Since it's my side will I need his consent ?

pilavas

Just had a confrontation with him and he told me to !!!! off and he is gonna build it anyway. Now time to take him to court.

What cost am i likely to incur in this ?

Just got a quote from a solicitor for 3 hours work at £300 an hour.

whats the best way for me to deal with the know the fact that that fence is mine and he never got my consent to remove it.

kathrynha

Have you got legal cover on your house insurance?