Boundary dispute

Seetek

Hi, we bought a new-build detached house in 2014. The house is next to an existing row of semis which are 1920s era. The site was a farmer’s field previously. The builder who I will call TWerps, erected a fence inside the existing hedgerow which formed the boundary between the end semi and the field. This is our side fence between us and the semi. At the time of conveyancing we noted that TWerps had given us half the adjacent new-build double garage and had that corrected. We didn’t notice that the fence did not match the transfer line until 6 months later when the neighbours removed the hedge and caused our land to fall away under the fence. We have battled with TWerps ever since. They informed us that the fence was our boundary at first until we pointed out that it wasn’t on the transfer line. We had the conveyancing solicitor confirm that TWerps sold us up to the transfer line edge.

TWerps had a land survey carried out which confirmed that the fence was 1m inside our boundary. They tried negotiating with the neighbours who refused to budge.

We have tried negotiating but the neighbours are confident that it is their land as the hedge has always been in their land and as they have cut the hedge since 1981. They also state that TWerps agreed the location of the fence with them. TWerps deny this. The neighbours also say they have claimed the land through adverse possession through having exclusive control of it. The land they refer to is a boundary hedge. Can you adversely possess a hedge? I didn’t think you could.

We applied to land registry for a determined boundary. They objected and want the determined boundary to be the fence. LR have said that the next stage is mediation, which we will agree to, only to show willing but know they will not budge. They have used a solicitor so far but we haven’t but feel that we are now required to.

Has anyone got any thoughts. PS I have told TWerps that if the neighbours are right then they sold us land that they didn’t own. TWerps deny this.

Also I approached the surveyor who did the survey when TWerps bought the field and he said it was our land. A further (3rd) surveyor plotted out the boundary on site and agreed with the transfer line. So 3 surveyors are wrong?

We are wrung out after 4 years of this and now the prospect of legal fees.

If people suggest that we should ignore it we have considered that but would be storing problems down the line as the transfer boundary would be wrong. (Our land extends beyond the semi by 8m to the road so kicks in a metre where theirs starts.)

Davesnave

I may not have understood correctly, but can the Land Registry not alter the title plan so that it matches what's on the ground?

In other words, if your fence kinks in by a metre, can't that be reflected in a change to the boundary? I appreciate that you would 'lose' some land, but you never had the use of it, if it formed part of a hedge outwith your fencing.

Seetek

That is what the neighbours would like and an option. The extra metre we should have would make a difference along the side of the house. I never mentioned the third boundary that TWerps cocked up. They came back after a year and took back a metre off the front garden because the council wanted a footpath. This meant cutting down an established oak tree. They argued that we only own upto the red line on the transfer plan. We made them agree to sort out the neighbours boundary in that case hence they sorted out the land survey. When the neighbours objected they backed off and said it was nothing to do with them. So we had 3 incorrect boundaries and two were resolved in their favour.

Norman_Castle

The neighbours also say they have claimed the land through adverse possession through having exclusive control of it. The land they refer to is a boundary hedge. Can you adversely possess a hedge?

The "boundary hedge" could be 10 feet thick with the actual boundary anywhere underneath or alongside it, it doesn't define the boundary although by maintaining it, on both sides?, without ownership being questioned they could have a claim for the land it in on.

moneyistooshorttomention

I'm puzzled as to how the neighbours say they had "exclusive" control of the hedge - as they obviously didn't - as they wouldn't have been the ones trimming your side of the hedge (presumably).

Doozergirl

You say that the metre will make a difference, but the garden must have been adequateinitially for you to buy what you thought you were buying.

And now you're wrung out and about to spend legal fees fighting for something that you didn't know you owned in the initially.

Is that land going to make so much of a difference to make all of this worth it?

Arguably not. It is your choice whether to fight or not and whether to continue feeling bad over it.

If the boundary line on the title plan was 'correctly' in line with the fence on the ground, would you have been losing sleep over the neighbour's hedge? It's your choice over whether to make it go away. Don't get sucked into the brain trap of fighting on principle.

Davesnave

moneyistooshorttomention wrote: »

I'm puzzled as to how the neighbours say they had "exclusive" control of the hedge - as they obviously didn't - as they wouldn't have been the ones trimming your side of the hedge (presumably).

We don't know what kind of hedge it is, orginal field, or later garden hedge, but in any case, one doesn't gain adverse possession of a hedge by cutting it!

Seetek

Exactly it is a red herring in my opinion. The boundary has been deemed to be the centre line of the hedge by 3 surveyors. The vendor TW cocked up by not putting the fence there. We have been told it is a privacy fence not a boundary fence. As far as I know you can cut a hedge within reason but cannot make claim to it.

Seetek

I know this has been in mind for the last 4 years since we became aware within months of buying. However as the vendors have told us it is our land and admitted to putting the fence in the wrong place, if it were found to be the neighbours all along then we sue the vendor.

We have already explained that both the neighbours and the vendor can’t be right.

The vendor are adamant that they did not cede any land to the neighbours however the neighbours say they had an agreement. This agreement was probably a conversation with site staff as there is nothing in writing. We have a FOI bundle of all correspondence regarding our property.

The neighbours erected expensive gates across there drive including the disputed land so aren’t minded to give in.

Seetek

Sorry don’t know how to quote your responses but as regards adverse possession for cuttthe hedge, I fully agree hence consider the whole claim to be vexatious. Should they have any claim to this land the vendor missold it surely.

Davesnave

Seetek wrote: »

Sorry don’t know how to quote your responses

You just press 'quote' and edit as appropriate, as I just did here. Try it; you wont break it, whatever you do!