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Moving a fence into land maintained by council but inside my boundary

I recently purchased a house which is a corner plot, there are public footpaths at the back and side. Between my fence and the footpaths is a small strip of land. I believe the title deeds for my house clearly show that the boundary goes to the footpaths and therefore includes the strip of land.

The council do cut the grass on the land. I tend to be the one who weeds it, they they grow all over the fence.

My fence is in need of replacement, so when replacing it I would like to move it to the edge of the boundary, effectively making my garden larger. Which department in the council should I contact regarding this to confirm that I'm correct regarding the boundary and that they would not object to the fence moving.
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Comments

  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Some developments have the services running down strips of land belonging to houses but there are covenants to stop you from putting fences there.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Some corner plots also have sight lines that need to be kept clear if the other side of the path is a road.

    try the planning portal for any information or planning app that may have more details and the boundaries of adjacent land.
  • TheGardener
    TheGardener Posts: 3,303 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Bad_Ash wrote: »
    ... Which department in the council should I contact regarding this to confirm that I'm correct regarding the boundary and that they would not object to the fence moving.

    Their Property Services Team.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    You want to move your fence to the OTHER side of the public right of way? You will, of course, be including gates or stiles for the public using this RoW...?

    The position of the fence does not in any way affect the ownership. If your deeds/LR registration show the footpath is on your land, it's on your land. Probably better not to tell the council, unless you want to take over the mowing... But if you move the fence, the people using the RoW will be walking inside your fence, not outside it. Most owners would prefer the latter, tbh.
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    AdrianC wrote: »
    You want to move your fence to the OTHER side of the public right of way? You will, of course, be including gates or stiles for the public using this RoW...?



    I don't think he wants to do that, he wants o put his fence at the edge of the path
  • Bad_Ash
    Bad_Ash Posts: 56 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Cakeguts wrote: »
    Some developments have the services running down strips of land belonging to houses but there are covenants to stop you from putting fences there.

    Thanks for the info, in fact one half of the back garden has a pumping station behind it, the other half is the strip of land. The fact the boundary clearly excludes the pumping station is what makes it clear it does include the strip of land.
  • Bad_Ash
    Bad_Ash Posts: 56 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Some corner plots also have sight lines that need to be kept clear if the other side of the path is a road.

    try the planning portal for any information or planning app that may have more details and the boundaries of adjacent land.

    Thanks. I probably should have said I live in a cul de sac on the edge of the development. The house backs onto fields and a park, so no roads.
  • silvercar
    silvercar Posts: 49,971 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Are title deeds ever that clear where the boundary falls?
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    I don't think he wants to do that, he wants o put his fence at the edge of the path
    How wide is the RoW?
  • glentoran99
    glentoran99 Posts: 5,825 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Debt-free and Proud!
    AdrianC wrote: »
    How wide is the RoW?

    Presumably as wide as the footpath, but that would need clarified of course
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