Fencing and boundary issue

saver_ali

Last week we had fencing contractors in to replace an 80ft section of fence. We involved our neighbours from the start, and even used the contractor they sourced – they arranged the quotation visit. We are paying for it.

There were some problems with the installation. We had to really keep on top of the contractors to make sure they followed the line. I regularly called the neighbours out to check the line, and thought they were happy with it. However, they called us round the next day and pointed out a problem. This could not be seen from the ground, as it was obscured by our shed and their extension, but it can be seen from above if you stand on a ladder.

We don’t contest this at all. The fence does go over their land for about 3 panels, to a maximum of 3 or 4 inches at the widest point, to accommodate a large tree in our garden, but the correct line can be maintained if we substitute a lower panel for one section of fencing.
The contractors are prepared to come back and fix it.

However, our neighbours refuse to agree to the fence being corrected because they have a wider boundary issue.

They say that they have been speaking to friends and a conveyancing solicitor, and unless it is sorted out now, it could be a problem for their children when they inherit the property (they are only about 50). They haven’t been specific about their issue yet.

Both sides agree we should have a meeting, and I would like to be prepared when we do that, so any help would be appreciated.
From snippets of conversation, I suspect their problem is the following:
The title deeds show the boundary as being straight, but in reality the fence has a kink about 2/3 of the way down the garden. I have said that the title plan is such small scale that it can’t be relied on. I have also said that as the fence has been in the same place and unmaintained/ untouched since we moved in 22 years ago, it is the best guide we have to the boundary. They have lived there for 18 years.

I suspect they want to take a line from the front of the property to the boundary post at the end of the garden, which will result in us having a whole slice taken off our garden, and require removal of the aforementioned tree.

Although I have tried to be understanding and diplomatic at all times, they seem to be getting upset at the slightest thing. This morning they accused us of trying to encroach on their land because a fence post in another section of older fence was leaning over slightly, so the top of it was a few inches onto their land!

I really don’t know how to deal with them. I have spoken to the Citizen’s Advice Bureau, who were very helpful and support our view of the situation.

Obviously we want try and keep it amicable, but it’s very frustrating when the other side seem to be convinced we are trying to get one over on them.

I’ve said to the neighbours that this should be treated as two separate issues; let’s get the fence fixed first and then address the wider boundary issue.

Our immediate problem is that we can’t expect the contractor to hang on for months without being given the opportunity to rectify the fence line. We haven’t paid him yet.

Can anyone suggest a way forward? Can you point me to any definitive information on the internet that I can show them in an attempt to convince them there is no issue with the boundary?

Thanks very much.

AndyMc.....

Where the fence is now and where they think it should be, run a line down the middle what effect will that have on both properties?

saver_ali

AndyMc..... wrote: »

Where the fence is now and where they think it should be, run a line down the middle what effect will that have on both properties?

We would still lose some of our land, if you are suggesting we just split it down the middle.

I don't know that this would be an option anyway. I don't see why we should lose land when the existing boundary has been there for at least 22 years, when we moved in.

AndyMc.....

Get into a boundary dispute then. The only winners will be the solicitors.

DoaM

You might get clearer advice on The House Buying, Renting & Selling Board. PM a board guide to move this thread over there.

susancs

My mother recently had a similar boundary issue with a property she was selling in Ireland. it was noted that the more detailed digital copy on the land registry file showed different boundaries from the original less detailed plot plan. We thought it would be a simple matter of informing the land registry as she had the house plans with the size the land stood on and getting them to rectify the boundaries. it was not as simple as that and it ended up that both her and the neighbour split their respective solicitors, Marking out land mapping by a certified engineer and land registry rectification costs to get the land registry boundary file corrected. They also split the costs of erecting new boundary fences. My understanding was that a deed of rectification and transfer with the agreed new map was required for the land registry. I did read at the time that similar had happened in the UK. It did hold up the sale for a good while, so worth getting done when you realise there is an issue.

Mojisola

https://www.gardenlaw.co.uk is a good site for help with boundaries.

Ectophile

AndyMc..... wrote: »

Get into a boundary dispute then. The only winners will be the solicitors.

Or don't go to a boundary dispute - leave the fence where it is apart from correcting the wiggle at the tree.

In other words, the fence is already there. It's up to the neighbours to dispute it.

AndyMc.....

Ectophile wrote: »

Or don't go to a boundary dispute - leave the fence where it is apart from correcting the wiggle at the tree.

In other words, the fence is already there. It's up to the neighbours to dispute it.

Sound like that exactly what you’re suggesting.

Mojisola

saver_ali wrote: »

However, our neighbours refuse to agree to the fence being corrected because they have a wider boundary issue.

They say that they have been speaking to friends and a conveyancing solicitor, and unless it is sorted out now, it could be a problem for their children when they inherit the property (they are only about 50). They haven!!!8217;t been specific about their issue yet.

The title deeds show the boundary as being straight, but in reality the fence has a kink about 2/3 of the way down the garden. I have said that the title plan is such small scale that it can!!!8217;t be relied on.

I have also said that as the fence has been in the same place and unmaintained/ untouched since we moved in 22 years ago, it is the best guide we have to the boundary.

They have lived there for 18 years.

Boundaries do move over time. They accepted that the old fence was the boundary when they bought the property. If they wanted to challenge it, they should have done it back then.

The fence and the boundary line on the map didn't cause them any problems when they bought the property - why should it be an issue for their beneficiaries?

Unless the map with their deeds has exact measurements on it, it will be very difficult to prove exactly where the boundary is.

saver_ali

Thanks for the constructive replies. We did manage to meet and have a reasonably calm discussion. I think I've convinced them that the boundary is just about correct. We just need to show that the wiggle can be corrected and get the contractor back in.