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Boundary Dispute and Encroachment
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Most of us here recognise that the average title plan is only accurate to within about 18" in old money, but you are saying the neuighbours have claimed 1m (39") which is more than double that.
Also, many of us know old titles may have quite vague looking plans which are even harder to interpret.
So, looking at your and their title plans, is there anything that might give rise to the idea that the original fence was in the wrong place?
I ask because you are writing as if the neighbours are acting in this way for no reason at all. While that might be the case, it's more likely that something is behind the move. In a similar case I know of personally, a neighbour claiming extra land wanted to prevent an extension being built.
Could these neighbours be looking to extend? Dig out any photos you might have which show the original fence line; you may need them.
Agreed that there is a good chance there is an ulterior motive behind this.
I know it's only quite a "general" thing too - but I'd always understood there is a deemed leeway (either way) of 18" on Land Registry plans. So certainly not 1 metre (ie 39").
Quite a few people must think that - as I've noticed an awkward land-grabber type neighbour I have has, very carefully, grabbed exactly 17" of land that doesn't belong to them (according to original plans). I've not "dealt with it" - because that bit at least of hijacked land isn't mine - or I would have certainly done so. So my awkward neighbour certainly thinks one can grab for 17" and not get belted round the head in response - so 39" = nope...they can't do that. If they could grab 39" they would have - as they are the sort of person that works out exactly to the absolute millimetre what they think they might be able to get away with. They would, quite definitely, have been out there with their ruler measuring very very carefully to make sure they grabbed literally every last little smidgen of someone else's land they thought might be possible to steal.
Still think you need to (very carefully) get that fence of theirs taken down pronto and left on their land.0 -
Why was the original fenced moved? Did it fall down or did the neighbour just remove it and erect new fence?
Either way I agree with others move the newly erected fence but I would consult with a solicitor with all the evidence you have. Use google maps to zoom into boundary line if you can or street view as it will show the old fence and you can mark on the new fence showing difference.
Boundary disputes are a complete nightmare to be honest been there done that but don't let them walk over top of you they may take more in other areas if you do!!0 -
If you lack picture of before the move, check RM/Zoopla for the listing of the neighbour house since it was only recently purchased by the current owner.0
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Are you in contact with the previous owners? Historical evidence will help.
Advise her you will be removing the fence as it is on your land as proven by you. Remove and return the fence and return it to her. She may try to claim criminal damage but as this is a civil dispute the police will not want to get involved.
If you're worried about removing the fence climb over it and erect your own fence where the original boundary was. Explain its your land and she needs to prove its not.
Take lots of photographs.
She may have a valid claim but its up to her to prove it.0 -
Whos fence was it to start with?0
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If you lack picture of before the move, check RM/Zoopla for the listing of the neighbour house since it was only recently purchased by the current owner.
Very good thought.
If you're lucky the garden photos will be reasonably clear on this.
It is possible (at least sometimes) to bring up details of a "house for sale" details for some time after the house has been sold by googling for the "address of the house + for sale" details. Rightmove also sometimes has little snapshot links on the "houses sold" section.0
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