Garden Property Boundary Registration & Fencing

joseph3

Good Evening, Was hoping you could help me please, I have been a homeowner of my property for 25 years, Mortgage paid off and I have my title deeds ownership of the home.

We had a back garden extension built 7 years ago, though, before this, we had a wall and wire fencing which partitioned both my and my neighbours garden, the small wall was in my part garden. Since my extension was built I had a fence erected and my fencer mistakenly fenced up to my extension rather than behind the small wall next to my extension that was a partition between I and my neighbours garden.

There is no dispute between myself and neighbour as she was happy for the fencing, though, she understands that the wall should be in my part of the garden so I have access to the side of my extension, as unfortunately the only way to access my side of extension roofing would be through her (technically my) garden now.

She is more than happy to record a boundary agreement and rectify the fencing back to where it should have been. Also, record a boundary agreement to record the two boundaries between our properties and who is also in charge of hedge maintenance at the front my home which is my responsibility as I have maintained the hedge for 20 years plus.

Additionally, I would also like to record the exact boundary (determined boundary) that I will have plans drawn up by a surveyor detailing a more precise boundary with measurements etc... I would like to do this because my neighbour has mentioned about moving and so I would like these records permanently recorded on my property in order to prevent any future problems or disputes occurring should my neighbour move or if ever I sell my property in the future.

She is happy to go ahead with it all, though, the hick up I have is that she is a council tenant and not a property owner, she has lived there for more than 5 years and has permanent residency but I don't know if she is responsible when it comes to making the agreement on behalf of her side of the property or do I have to contact the council?

I just want to make this process as easy and smooth as possible to be honest, though, I am in a whirl on what to do and how to do it, please? Please do correct me if anything I have said above is wrong and would be kind to have your guidance.

Thank you.

Davesnave

If the person next door is a council tenant, she will not have any authority to make agreements about boundaries with you.

If you have concerns about a fence not reflecting the position of the boundary, why not use the money you might have spent on a surveyor to get it moved?

As for hedge maintenance, there is no right or responsibility conferred on anyone through maintaining a hedge for a set number of years. Therefore, if you had a new neighbour, they would not be bound by any agreement you might make in this regard.

G_M

I found it impossible to visualise the set-up, but my understanding is that you have put up a boundary fence in the wrong place, resulting in part of your land being on the neighbour's side of that fence


There are 3 options:
* do nothing, and continue to live with the smallloss of land. You may find a problem when you sell if your buyer raises the discrepancy and wants to reclaim that land
* get the boundary moved, and the new boundary recorded on the LR Plans of the respective prperties. For this you'll need the consent of the owner (the council) who will a) take ages, b) charge a lot, c) involve their legal department, their Housing dept, possibly their Planning dept and d) they'll probably refuse,,,,, You'll also need the consent of your mortgage lender if you have one.
* move the fence.

phill99

Just move the fence.


By the time you have done all that you refer to, especially with the council, you'll be pushing up the daisies!!

princeofpounds

Another vote for move the fence. It will be faster, cheaper and most legally sound. A determined boundary is entirely unnecessary if your boundary feature is in the right place and identifiable on the title plan.

I assume the fence going in the wrong place was your mistake (whether directly or indirectly). Otherwise the fencer should be moving it. Keep the small wall if you can - it provides evidence of a longer-lasting boundary feature than your new fence.

Part of me wonders if there is something you are holding back about this situation, perhaps uncertainty in your own mind about where the boundary is? Because frankly wanting to get determined boundaries and statements of truth from the neighbouring tenant is all rather odd.