Boundary Fence dispute - Advice welcome

stinky_docker

Hello,

The recent winds have left my semi-detached boundary fence unstable, I've hired an insured and recognised contractor to replace the fence.

Today my neighbour prevented them from doing the work as I wish to move the old fence position along the boundary taken from Title Deeds and situate it correctly.

He claims that is not the case, and the boundary fence (and my existing extension that was erected before I bought the house some 4yrs ago) actually encroach his land.

That's not the case for me, the title deed shows a partitioning line running equidistant through the houses to the rear extent (If counting bricks along the house 24 bricks to the centre). The current fence position is around 1ft inside the boundary on my side. The extension is on this boundary.

I've tried all reasonable steps, tried to talk to the gent involved, his family, (he's 86yrs and quite stubborn) etc but all to no avail. What's more, my children play in the garden and the fence could now collapse into my side.

This is further exasperated by 3 evergreen trees on his side that have been allowed, due to his lack of maintenance, to grow up to 30ft high and encroach my property, overhanging into my side. These trees are almost as big as our houses and within 6mtrs so pose a significant risk if they fall down. Again, I've asked him to trim them he won't, I'm at the point of cutting down what overhangs but want to be sure I'm legally right to do so, any solid professional advice would be really welcome.

Thanks

Aylesbury_Duck

The trees are an easier problem. You are entitled to cut them back to the boundary line and must offer those cuttings to the neighbour before you dispose of them. The general boundary dispute is a much bigger problem because you will probably have to spend time and money proving the location of the old fence is incorrect and that is tricky when the scale on the plans is such that there’s a large margin of error.

naf123

I don't know much about it . Perhaps put a simple wire fence for now and when he ends up on hospital or dies , build a proper fence according to the boundary ?

martinthebandit

I suspect that he is sort of right, as it's your fence it should be on your land and a foot in from the boundary line is about right.

Fire_Fox

Who are the registered owner(s) of the neighbouring property? Do the relatives have lasting Power of Attorney (property and financial affairs)? Did you inform your neighbour of the planned work in advance, and seek permission for your contractors to go onto his land?

An octogenarian comes from a generation where people had a different relationship with their neighbours and their elders than is common today. And from a generation with a different attitude to manners and formal communication. Respect and work with that.

cranford

You only have to do a Google for Boundary dispute costs and you will find reports that indicate if you go ahead and get taken to court it will cost you a minimum of £10 to £30 thousands. So unless that land in dispute is worth that amount of money or you have deep pockets I would leave the fence where it is. The other problem is that if you have a boundary dispute with the neighbor if you ever come to sell you are legally bound to reveal and buyers might not be forthcoming.

Davesnave

If the fence you are replacing was in that 'wrong' position a long time, it could be argued that it has defined the boundary. In any event, you may have a problem defining an exact boundary from a Land Registry plan, as the line itself translates to about 30-40cm on the ground.


What Aylesbury Duck says about trimming the trees is correct.

Mistral001

Why did you not get legal advice on this matter before employing a contractor? A move of a fence by this much is of great legal consequence. I bet the contractor did not want to go near the job when he found out that you wanted to move the fence a foot towards the neighbouring property.

You need to back up your contention that the present fence is in the wrong place by employing a solicitor and a chartered surveyor. They will firstly advise you of the "correct" position of the boundary. If the surveyor report says it is where you say it is, that probably will not be the end of the matter as the neighbour could dig in his heals and contest your claim by getting his own surveyor and solicitor. Then it could be down to two surveyors' opinion of where the boundary is, fought out in court, or you could lose on a legal technicality which goes against you. If you lose then you could end up paying damages and legal cots in the 10's of thousands of pounds as other have said.

paddy's_mum

I suspect that your neighbour knows that a boundary can quite lawfully 'move' because if a boundary feature remains in the wrong place, unnoticed or unopposed, for long enough, it becomes in fact the correct one.

Tread carefully because this could very easily blow up in your face. Avoid boundary disputes at almost any price and that's my voice of painful experience that you can hear!

Good luck.

stinky_docker

Latest is that a surveyor has advised the argument could go between the original boundary and if the neighbour could substansiate adverse possession of the land.

I don't believe the existing fence has been in place for 12 yrs, I've been extremely soft in approaching him and very respectful, however everytime he has reassured me the trees will be taken care of nothing has happened. I think it may be down to solicitors and surveys at this point but thanks for the advice

Mojisola

stinky_docker wrote: »

Again, I've asked him to trim them he won't, I'm at the point of cutting down what overhangs

You'll have to wait until the birds have finished nesting now.