Boundary dispute with neighbour

trailingspouse

Do you really want to jeopardise a sale and potentially have these people living next to you for longer?

Davesnave

moneyistooshorttomention wrote: »

Have you started with the obvious first step? - ie go to your neighbour and say words to the effect of "I guess you hadn't really realised - but your workmen havent put your new fence in quite the right position. Formerly I could see 'so and so' from my kitchen window, but now I can only see 'such and such'. I'm afraid they're going to need to move it back to normal position".

Or have you already tried this and got a shirty response?

OP's first post suggests they have done this.

If the fence is very crooked where the plans for both properties show it as straight, then they have a case that could be pursued legally, regardless of ownership next door. However, that could become quite costly, so it might be easier/cheaper to interfere with the current sale in order to get next door to see reason.


This looks as if it will involve some expenditure on legal help. If the OP has legal cover as part of home insurance, that would be useful. Otherwise, it's like any other cost that home owners must bear from time to time.

Norman_Castle

sirromjp wrote: »

I’m absolutely certain it’s encroaching but whether I can prove it with what I have is another matter. I have photos, google earth, land plan and it’s clear to see the fence and post are not in a straight line but none of this is conclusive.

If there is still evidence on their side of the fence of its previous position also take pictures of this.


Do you have any contact with the previous owners? They may have photographs of the garden.

davidmcn

trailingspouse wrote: »

Do you really want to jeopardise a sale and potentially have these people living next to you for longer?

Well, that's what I was wondering too. The sale isn't going to fix the boundary in the wrong position. May be better to wait and then discuss with the new owner.

Davesnave

davidmcn wrote: »

Well, that's what I was wondering too. The sale isn't going to fix the boundary in the wrong position. May be better to wait and then discuss with the new owner.

The new owner might be more amenable to change if they're made aware now that what they see may be subject to some negotiation.

CocoLouie

If they don't get the current owners to sort it then they will probably be stuck with the bill to fix it even if the new neighbours allow it. But the situation isn't great for dealing with old or new neighbour.


If I moved into a new house and the neighbours came to me to say the fence needed to be moved I would think they were at it and depending on the evidence wouldn't allow it or if I did wouldn't pay a penny towards fixing it. It would most likely be the former as I'd have just paid a large amount of money on something for someone to say no what you thought you had just purchased isn't actually yours.


Plus it wouldn't get neighbour relations off to a good start.

sevenhills

sirromjp wrote: »

I used to be able to see the bottom of my garden, the tree, fence and my car/garage beyond. Now I can’t. Hope that explains a little better.

So I assume this is a tall fence, you are better to resolve it now, but blocking a view may be against planning rules?

Davesnave

sevenhills wrote: »

So I assume this is a tall fence, you are better to resolve it now, but blocking a view may be against planning rules?

If blocking a view was against planning rules, very little would ever be built!

This is a boundary fence, which wouldn't need planning in normal circumstances, so long as it's under 2m high. Only in conservation areas etc might planning be relevant.

Norman_Castle

CocoLouie wrote: »

If they don't get the current owners to sort it then they will probably be stuck with the bill to fix it even if the new neighbours allow it. But the situation isn't great for dealing with old or new neighbour.

Putting it right with the current owner should be easiest as the new owner is very likely to resent giving back something they have just bought.

The op currently has the advantage of disrupting the sale which they should use as leverage to reinstate the fence in its previous position.
The neighbour may believe they can easily dismiss the op as the op will need to prove then regain ownership but the new owners are likely to have a straightforward claim against them if the boundary dispute is undeclared.

DoaM

If the position of (part of) the fence has moved by up to a metre then wouldn't that amount of deviation be clear from the LR entry? (I know it can be accurate to ±12" roughly, but a metre is 3 times that).