Fence boundary issue

sevenhills

van1lla wrote: »

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

Just have a word with the neighbours and tell them you want to have the fence in the right position, and you pay for it.
It will be cheaper than going to the solicitors.

van1lla

sevenhills wrote: »

Just have a word with the neighbours and tell them you want to have the fence in the right position, and you pay for it.
It will be cheaper than going to the solicitors.

Why would I need to pay for it? It was their mistake. And also, they erected the fence themselves, so didn't pay anyone.

As stated in the garden law link just posted up:

When putting up a fence, custom dictates that the posts are entirely on your land and the face of the fence, points to your neighbours. It is worth is giving up an inch or two of your land to avoid it going onto next door and creating a dispute. This is especially so since you will need cooperation to be able to repair the fence from your neighbours land. Ensure it complies with Planning Regulations – ring them first.

If you are using Larch Lap fencing, where the panels sit between the posts, then make sure that the entire post is on your side of the boundary and that the top strip overlaps the lower strip on the fact which point towards your neighbours.

Miss_Samantha

custom dictates that the posts are entirely on your land

It's more than custom.

You cannot trespass on your neighbour's land so any fence you erect should be on your land.

3mph

On an OS plan you need a boundary change of 2 metres or more to be discernible, since it would be just 1.6mm plotted.

Norman_Castle

Mark the boundary and thank your neighbours for your new fence.

sevenhills

van1lla wrote: »

Why would I need to pay for it? It was their mistake. And also, they erected the fence themselves, so didn't pay anyone.

As stated in the garden law link just posted up:

Since you don't seem to be taking the advice of talking to your neighbour, I can only assume that if you ask him to move it, he will tell you where to go. Hence why you are thinking about a solicitor.

Will he take notice of a solicitors letter?

It seems you are expecting a fence scott free.

macman

OP is legally quite entitled to ask the neighbour to remove the fence from his property, and to remove it himself if he does not do so.
Legalities aside, whether this is a wise course of action is not something that anyone other than the OP can determine.

mishkanorman

Best option imho is get them to move it, is the boundary their responsibility or yours ? Can you look through Google earth and determine how long the previous boundary marker was in situ ?

G_M

sevenhills wrote: »

Just have a word with the neighbours and tell them you want to have the fence in the right position,

Yes.

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.

Yes but you'd be mad.

Have a polite and friendly conversation! Go to Sainsburys, buy a cake and invite him to tea!

If negotiate gets nowhere, then I'd agree - Write.

Giving him, say, 7 days to remove his fence from your land or you will.

If it's still there in 7 days, remove it and return it to him.

moneyistooshorttomention

If you were to write a letter along the lines of being "okay with the fence in the wrong position" - you might create problems re selling the house in the future.

You would certainly cause a future owner to be thoroughly annoyed you'd left a problem in place for them to have and get on and solve and they'll be mentally calling you a parcel of names for having been so weak with the neighbours and letting them walk over you. Yep - voice of experience time....:cool:

So - yep...do a letter - but make it along the lines G_M says.