Fence boundary issue

van1lla

Hi,

Neighbours fence was in disrepair, so they have replaced it. Originally, the fence at the back of the garden, running down the side was sitting on a brick wall. I was not at the property when the fence was installed. They have fully erected the fencing. I went to check it and noticed that they did not remove the low brick wall, but dug on my side of the garden and put the fencing there. They have moved the boundary by about 9 inches.

I don't mind the new fence being up but should I make this issue known that they have moved the boundary and that I am aware of this?

What action needs to be taken?

Advice greatly received.

Thanks.

LadyDee

If you can come to a friendly agreement as to what remedy you want, bear in mind that if, in the future you wish to sell, some eagle-eyed surveyor could well notice the discrepancy in boundary measurements. It might be as well to check with your solicitor as to whether an amended plan should be filed at the Land Registry.

sevenhills

van1lla wrote: »

Neighbours fence was in disrepair, so they have replaced it. Originally, the fence at the back of the garden, running down the side was sitting on a brick wall. I was not at the property when the fence was installed. They have fully erected the fencing. I went to check it and noticed that they did not remove the low brick wall, but dug on my side of the garden and put the fencing there. They have moved the boundary by about 9 inches.

I dont agree that they have moved the boundary. There is still a wall, and now there is also a fence. Could either one be called the boundary?
Have you looked at the details on the deeds, what are the measurements?

van1lla

sevenhills wrote: »

I dont agree that they have moved the boundary. There is still a wall, and now there is also a fence. Could either one be called the boundary?
Have you looked at the details on the deeds, what are the measurements?

There is a very low brick wall that the original fence stood on to prevent rotting, which is only two fence widths, so it's not along the entire side of the garden.

The new fence now sits on my land, 9 inches away from the original wall, where he couldn't be bothered to dig it up and remove it to install the new fence post.

sevenhills

Was it the owner that put the fence in the wrong place, or a lazy worker?

van1lla

LadyDee wrote: »

If you can come to a friendly agreement as to what remedy you want, bear in mind that if, in the future you wish to sell, some eagle-eyed surveyor could well notice the discrepancy in boundary measurements. It might be as well to check with your solicitor as to whether an amended plan should be filed at the Land Registry.

What would happen if an eagle eyed surveyor noticed this and it wasn't in the plan??

I don't wish to amend the plan as I still want this land but do not want to cause too much of a fuss.

Would it be petty to fuss over 9 inches of land at the back of the garden?

van1lla

sevenhills wrote: »

Was it the owner that put the fence in the wrong place, or a lazy worker?

It was the owner and his dad putting the fence up.

McKneff

Yes.......

Go get your land.

Mojisola

van1lla wrote: »

There is a very low brick wall that the original fence stood on to prevent rotting, which is only two fence widths, so it's not along the entire side of the garden.

The new fence now sits on my land, 9 inches away from the original wall, where he couldn't be bothered to dig it up and remove it to install the new fence post.

van1lla wrote: »

Would it be petty to fuss over 9 inches of land at the back of the garden?

No! If they didn't want to dig up the wall, they should have put the new fence on their side of the wall, not yours.

van1lla

Can I write a letter stating what has happened. And say something along the lines about being okay with the new fence but should a dwelling need to be erected or if the house is put up for sale, then the fencing would need to come down.

And get him to sign it.

Would that be legal enough? Or do I really need to go to the solicitors?

Mojisola

van1lla wrote: »

Can I write a letter stating what has happened. And say something along the lines about being okay with the new fence but should a dwelling need to be erected or if the house is put up for sale, then the fencing would need to come down.

And get him to sign it.

Would that be legal enough? Or do I really need to go to the solicitors?

Leave it there long enough and it will become the boundary.

In theory, if you give permission for the fence, you can withdraw it in the future and make them move the fence but it will be much harder to do that in, say, five years' time.

http://www.gardenlaw.co.uk/ is a good site for advice about boundaries and such like.