Boundary Dispute with new neighbour.

jo6677

Hi all

We bought a house a year ago off an elderly lady (who has since passed away) as a renovation project. About 3 months later the neighbour sold her house to go into a care home. A new person has bought it but not moved in yet. As we understand 12 years ago there was an informal agreement between the two neighbours about the fence in between the properties. We believe there was financial contributions by both parties and agreement as to the placement of the fence - 1 inch back from the boundary line. This was possibly due to there being a tree (just the trunk now). We uncovered the metal posts where an old wire fence would have run - this is how we know the fence is literally an inch off the boundary. Anyway a panel blew down between us, we got a price to repair it which was very reasonable (and were also told that the fence has about another 3 or 4 years of life left in it) We suggested to the neighbour that we split the cost. The new neighbours said no, we said we were happy to repair it then. They then rang back and said they wanted to us to take the whole fence down instead as they want that inch back! We explained that right now we can not afford to replace the whole fence right now and that it has another 3 or 4 years of life in it. They are seemingly inflexible.
I have several thoughts as to how to handle this but would appreciate any advice:

1. Suggest we put it in writing that when we renew the fence in approximately 3 years we will re-site it 1 inch back.
2. Pay to have the boundary 'surveyed' as my solicitor says its not an exact location.
3. Propose that if we take the fence down we will be replacing it with a hedge of either fur or laurel.
4. I'd like to tell them we will replace it with sticks and string but then that cuts off my nose to spite my face!

To be honest I really don't understand how people can be so inflexible. I appreciate the fence is 1 inch on their land but I also understand there was an agreement 12 years ago - unfortunately not in writing. I'm struggling with how to resolve this.

Any advice as the best way to handle this would be greatly appreciated!!

Doozergirl

Do nothing other than tell them, if they want a new fence moved an inch, they are welcome to pay for it.

The compromise is what you offered already. If they go to a solicitor, they'll agree to paying half when they find out that the solicitor is somewhere in the region of £200 plus VAT per hour!

There isn't a boundary dispute. You acknowledge it's 1 inch into their land! There's no point in measuring it.

Fences and boundaries are very different things. Deeds usually talk of maintaining boundaries, not fences. A fence can be owned by anyone and placed anywhere.

This sounds like a shared fence (paid for by both parties) at an agreed position.

Mistral001

You asked for a contribution and they refused. That is within their rights.

Why oh why did you mention that fence is one inch on their property? It is hardly measurable anyway and is basically irrelevant. But you decided to tell the neighbour that the fence was on their property!

An informal agreement between two previous neighbours 12 years ago about the upkeep of the fence is hardly anything to go on is it? What the present neighbour is relying on is that they have been told by you that the fence is on their property. They obviously do not want to be burdened with the cost of replacing the fence at some time in the future because it is on their property.

jo6677

Thank you for your reply. Can he force us to take it down? What happens if he takes it down?

Mistral001

jo6677 wrote: »

Thank you for your reply. Can he force us to take it down? What happens if he takes it down?

What do YOU want to happen? No point in second guessing what they will do.

Shaun_of_the_Dead

jo6677 wrote: »

Thank you for your reply. Can he force us to take it down? What happens if he takes it down?

There won't be a fence there.

I'm not sure what answer you want to that question as it's his land.

Ant555

jo6677 wrote: »

Thank you for your reply. Can he force us to take it down? What happens if he takes it down?

Can he force you to take it down - NO - its not your fence anyway.
What happens if he takes his own fence down - there is no fence between your gardens.

This has the makings of getting out of hand (on their part) - there have been many stories on these boards that have gone on for years through silliness and stubbornness.

in_my_wellies

Perhaps they think as it's on their land they have to pay 100%
A fence is more than 1" wide??

Doozergirl

You'll get better informed answers on the house buying and selling board.

Fact is, there is zero proof that this fence is actually 1 inch inside anyone's boundary, PLUS a fence is a good 4 inches wide with posts, so it's all conjecture. And the fence is under shared ownership, so it's half their fence anyway.

I'd actually just ignore them and accept that your new neighbours are idiots. If they want a new fence, an inch to one side, it sounds like you're happy for them to have it. The problem is theirs.

TheCyclingProgrammer

A bit of common sense needed by your neighbours here.

Tell them you’d be happy to remove the fence but it will be replaced with a piece of string.

If they want to put up a fence on THEIR side of the boundary, fully owned by them at their own expense they would be free to do so. End result is that they would lose the same amount of space.

Your neighbours are idiots. If they want to spend lots of money proving exactly where the boundary is to within an inch good luck to them.