Land boundary issue what should I do?

G_M

There should really be no need for a debate on this. The above responses are correct - do not allow this.


Take a 3 stage process:
(oops! it turned into 6!)

1) bake a nice cake. Invite them to tea. Then explain in a friendly way that the boundary is where the fence belongs;

that access to your external wall is needed;
that you would get demands for explanations from buyers as to why the boundary is not acurate if/when you sold and could easily lose a buyer(and no, a promise today by the neighbours that they'd move the fence if you sell is no good)
that your mortgage lender will not agree as the loss of land reduces the value(and hence the mortgage security)of the property

2) hopefully this will resolve the matter amicably. Assuming they agree, then pin them down (in the nicest posible tea/cake way) to when the fence will go up ( in the now-agreed position.

3) if agreement is not reached, write them a letter, repeating your concern, and why, and (again in a friendly way) insisting the fence must go on the boundary.

4) if the fence goes up in the wrong place despite all the above, take it down. It's on your land. It's trespass. You can remove it (but the fence itself belongs to them so give it to them eg by leaving it on their land)

5) if things further escalate, time for a solicitor's letter and ultimately

6) legal action

Jamesb94

Ok thanks for the input GM I’ll have a chat with them tomorrow

G_M

Jamesb94 wrote: »

Ok thanks for the input GM I’ll have a chat with them tomorrow

Does that give you tme tobake a cake? Tonight? Have you got the ingredients.........?

Jamesb94

Is a cake required when we are already on good terms? :rotfl:

Smodlet

Jamesb94 wrote: »

Is a cake required when we are already on good terms? :rotfl:

It is if you are G_M, Jamesb94; nothing happens on planet G_M without cake (and tea, of course) If only they could fix all the world's problems. Think of it; the G_M8 Summit might actually achieve something... :bdaycake: + :coffee: = :grouphug:

G_M

Jamesb94 wrote: »

Is a cake required when we are already on good terms? :rotfl:

Well it's much harder to say 'no' to someone who has just served you a home-made cake!!:beer:

davidmcn

No matter how good terms you are with your neighbours, changing the position of the boundaries without doing anything with the title deeds is just asking for the next sale (or remortgage) of either of your properties to be a complete mess.

Smodlet

G_M wrote: »

Well it's much harder to say 'no' to someone who has just served you a home-made cake!!:beer:

Of course it is, my :A... Yeah.

Vectis

So, I assume it's your neighbour's fence, not yours? Did you get permission from them to take it down or just go ahead and did it because they happened to say they might be replacing it sometime anyway?

I find it really odd that your neighbour would say 'they will just put the fence up after my wall ends to make their bit bigger'. Is this some sort of payback for you taking their fence down? Where on earth did they get the idea that it would be ok to simply take part of your land (however small)?

I'm wondering if you actually get on as well with them as you think you do?

It would be a definite 'no' from me and I'd be more than a little put out if a neighbour even suggested that they take a piece of my garden.

Put the fence back up exactly where it was or it will very likely come back to cause you trouble in the future. And I'd suggest doing that very soon so that thy boundary doesn't get 'blurred'.

bertiewhite

PasturesNew wrote: »

You might even lose a buyer - a house I viewed and kind of liked and would probably have made an offer on had just such a boundary - the entire wall of their living room was "exposed" in the neighbour's garden.

Likewise, I discounted a house I looked at because the neighbour's wall (with window) was right on the boundary and overlooked what would have been my garden. It just didn't sit right with me.