Boundary dispute with neighbour

sirromjp

Grezz24 wrote: »

You need to take it further, if you are not willing to remove the fence as suggested (or get someone else to) then you need to seek legal advice about what your next steps are.

You need to resolve this before the new buyers take over IMO.

After all the advice, that’s my intention.
Thanks everyone
Much appreciated

sgun

AndyTails wrote: »

Or most people, including their arms, can get a camera higher than a 2m fence to take photos straight downwards at what's on the other side.

This is true but sometimes you need to be on the ground to see what has been hidden. I did this for friends where their neighbours had moved the fence and then piled up bricks and wood the other side. When I got over the fence and dug about a bit I found the old fence post footings very quickly. As a word of warning to the OP, these friends are now nearly 2 years into a boundary dispute which has cost them thousands of pounds and shows no sign of being resolved any time soon.

Norman_Castle

sirromjp wrote: »

A week later she told me her dad was coming round to join in the discussion Oh no, not her dad:eek:. Assisted by a solicitor friend, I sent a polite note declining the meeting (didn’t fancy 3 against 1) and asking them to move the fence back.

Might be worth asking a solicitor to send a letter disputing the new position of the fence and explaining you would like it returned to its previous position. If you do this they cannot deny knowledge of the dispute.


If they move the fence to its previous position it will cost them a small amount of time and money. If they don't its likely to cost them the sale of the property or compensation to the new owner.

Why are they so keen on the new position? I can understand owners being territorial but if they expect to leave does ownership of this small area of land benefit the sale or increase the value?

moneyistooshorttomention

Norman_Castle wrote: »

Might be worth asking a solicitor to send a letter disputing the new position of the fence and explaining you would like it returned to its previous position. If you do this they cannot deny knowledge of the dispute.


If they move the fence to its previous position it will cost them a small amount of time and money. If they don't its likely to cost them the sale of the property or compensation to the new owner.

Why are they so keen on the new position? I can understand owners being territorial but if they expect to leave does ownership of this small area of land benefit the sale or increase the value?

Agreed:T

There is the possibility, I guess, that they had a duff builder put in that fence (ie builder put it in the wrong place/they know it's in the wrong place/they don't want to argue with the builder to get him to put his work right)? This - rather than them having "done it deliberately" (ie specifically instructed the builder to put it in the wrong place at the outset).

Maybe they'd rather argue with OP than with the builder? - as the builder is "a big bulky man" and OP isn't?

But - yes...I'd get the solicitor to send the letter.

Clutterfree

I would possibly write to them BEFORE getting a solicitor involved.

Advise them that once solicitors are involved that they will then have an ONGOING boundary dispute which MUST be declared to their buyers.
Any potential buyer would/should pull out of purchasing it.

However, state that if they move the fence back permanently to its original position you will be satisfied and will not take the legal route so then there is no longer a dispute.**
** although in theory any resolved disputes should also be declared on the PIF but if no solicitors were involved then they may choose not to declare it.

I think your neighbours believe you won't take the legal route so are trying to scare you to concede by mentioning solicitors.
If they want to move home then they are incredibly stupid to have moved the fence now.

IMHO currently they have more to lose (the house sale) than you do.
If they call your bluff and tell you to take the legal route then at least you will find out their solicitors details and can scupper their sale.
Obviously it will then mean you're stuck with them as neighbours and will have a costly boundary dispute on your hands.

All the best - boundary disputes are so stressful.