Can I extend my fence to reclaim unused land?

Tartan23

We want to move our fence boundary at the side of our house to ‘reclaim’ an adjacent strip of land that is showing as our property on our deeds. The land is currently covered in shrubbery and is beside a public footpath. The shrubs get very overgrown in the summer, making it difficult to walk down the footpath.

The council previously trimmed the shrubs once or twice a year but in recent times has been slow/reluctant to do so. We trim as much as we can but there’s a lot to maintain and it doesn’t fit in our brown bin!

To overcome this, we would like to move our fence to encompass this land and cut all the shrubbery right down so it is easier to maintain. This would also give us the benefit of a larger back garden as it is all on our property deeds anyway. However, the deeds show this strip of land as ‘sewer easement’. We realise that we could never build on the land as a result and would have to allow access to utility companies if necessary.

Is it worth extending our garden fence so that we have a larger garden and can more easily contain the growth, or are there any other implications we should be aware of before doing so? Bit concerned that in the event of any future problems with sewer pipes that we would be liable for work/costs as it would be without our boundary but then as stated, it already is on our land, but just beyond our fence. Any advice or thoughts, much appreciated!

Barny1979

Have you considered approaching the council?

Davesnave

Sewer pipes shared by a number of others are not your responsibility, so if that's what's there, ignore those, but don't dig them up accidentally.

It's important to know where your boundary really is, if it's not where the fence is now. How are you defining exactly what's your land and what is the council's?

If the shrubs are on your land, why did the council waste tax payers' money cutting them, years ago? If they're yours, why aren't you maintaining them now?

I suspect you think there's some ambiguity about where the boundary lies. Perhaps you're worried that if you move the fence, the council will ask you to move it back again.

There's an easy solution, which is to ask the council where they believe the boundary is, because that's essentially how boundaries are decided, when two neighbouring parties agree exactly where a line on a plan is in the real world.

Ectophile

Is there any covenant in the deeds of the house that you must leave a strip un-fenced? It's not unknown, as it means the road has verges, and so better visibility at junctions.

EachPenny

Tartan23 wrote: »

...To overcome this, we would like to move our fence to encompass this land and cut all the shrubbery right down so it is easier to maintain. This would also give us the benefit of a larger back garden as it is all on our property deeds anyway. However, the deeds show this strip of land as ‘sewer easement’. We realise that we could never build on the land as a result and would have to allow access to utility companies if necessary.

Is it worth extending our garden fence so that we have a larger garden and can more easily contain the growth, or are there any other implications we should be aware of before doing so? Bit concerned that in the event of any future problems with sewer pipes that we would be liable for work/costs as it would be without our boundary but then as stated, it already is on our land, but just beyond our fence. Any advice or thoughts, much appreciated!

How old is the property and road? It sounds like it might be 1980's/90's.

Ectophile is right - you need to check your deeds to see exactly what you are required to do/not do.

It is possible for land to be dedicated for highway use, but to remain in the ownership of neighbouring properties.

I think you will struggle if you fence the land off and claim it as private property - someone locally is bound to object and notify the council.

A better approach - if a fence wouldn't cause visibility issues - would be to approach the council and seek a legal agreement that allows you to fence the land off*. That might be welcomed by the council if it removes a maintenance liability from them, without prejudicing the rights of the public and utility companies.
(* this is only likely to be possible if there are no highway rights over the land)

martinthebandit

If your existing fence blows down, gets damaged etc will anyone complain if you rebuild it 'a little bit' further over on the 'unclaimed land.

Or, if the bushes on the unclaimed land are big enough could you not remove your 'damaged fence' and trim the bushes into a hedge?

patman99

If the land is shown as yours on the deeds of the house, and there are no covenants stating the land must remain open, then move your fence.

stingey

Tartan23 wrote: »

However, the deeds show this strip of land as ‘sewer easement’. We realise that we could never build on the land as a result and would have to allow access to utility companies if necessary.

This is probably why the boundary fence is in a different place from the strip of land, even though it may form part of your property. Why there is a footpath next to it and why the council has been maintaining it. It's to give free access to the utility company. Once you build a fence round it, it throws up questions like recompense for damage and repairs and rights of access to a public sewer. If they needed access they would need to dig up your garden. Sounds like a nightmare tbh for a bit of extra garden space.

The council has probably not been maintaining as much due to cut backs across the country.

Alan2020

I await to be hear the tales of logs floating into the OPs garden after they accidentally dig a post hole through the public sewer

EachPenny

patman99 wrote: »

If the land is shown as yours on the deeds of the house, and there are no covenants stating the land must remain open, then move your fence.

There might also be conditions in the planning consent requiring the fence to be where it is.

stator

Remember fencings near a highway need planning permission if they are above 1m