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

Bad_Ash

silvercar wrote: »

Are title deeds ever that clear where the boundary falls?

There is a right angle in the boundary whereas the fence is a straight line.

This is from the land registry:


This is a picture I was sent by the council when we had a query as to whether they maintained the road:


The box attached to the left of the path is what I believe is the pumpng station.

silvercar

Normally title deeds are definitive, though the Land Registry will say that they aren't meant to be accurate to the nth degree.

Bad_Ash

AdrianC wrote: »

How wide is the RoW?

It is wide anough for a vehcile. There is a locked barrier at the entrance, which is at the bottom right of the pictures I've attached above.

There are trees in this strip of land in the corner where the paths meet. So effectively line of sight for would not be impacted, given that the trees already impede it.

sevenhills

Bad_Ash wrote: »

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.

Is the land needed for vehicular access to the pumping station?

I have a neighbour with a electricity sub station at the bottom of their garden, and the fences are wrong in relation to ownership.

Cobrasteve

Hi, I have a very similar issue and would like to hear how it was concluded?!

LandyAndy

Cobrasteve wrote: »

Hi, I have a very similar issue and would like to hear how it was concluded?!

Try sending a PM to Bad Ash. They last logged in about 4 days ago so are clearly still around.

ProDave

I did just this at a previous house, to make a small garden bigger.

If the fence is over 1M high then you will need planning permission to move it. If it is only 1M high or less, just move it.

Cobrasteve

My issue is similar to bad ash, my garden sides onto council woodland and the title deeds show different to whats on OS and my land. There are no neighbours or roads next to the boundary.

Bad_Ash

We applied for planning permission for an extension and within that we included the plan to move the boundary fence.

The planning application made very little/no mention of our exact intention e.g. height of fence.

The planning permission was granted and there were no queries or constraints related to the fence movement.

Unfortunately there are a few trees on the strip of land and around the plot, and a condition of the planning has been to get a tree survey done and submitted, which we're currently waiting on a response on.

Cobrasteve

ttp://i66.tinypic.com/w8kmiv.jpg
As Im a new user it wont allow me to post a pic.
All the link needs is the (H) at the beginning to view it. .

My title papers show red line, green dotted line is where the fence physically sits.
I know plans can be out and out of scale but by 12 feet?

Whats the safest route? As I belive i have every right to move my fence to the red lines. (Circles mark trees) woods to the sides and only person Ive seen there is the council tree officer assessing trees. A few years ago.