Garden Boundaries

HayleyB26

jimbog said:

Ask for the fence panels to be flush to their side of the posts to give you elbow room

Yeah that's not a bad idea, as you say that way we will have that little bit extra room. Although, still feel that it may be too restricting. 
Will wait and see what happens, and go from there. 

tommyedinburgh

jimbog said:

Ask for the fence panels to be flush to their side of the posts to give you elbow room

This sounds like a decent compromise as a starting point for speaking to them. 

HayleyB26

tommyedinburgh said:

jimbog said:

Ask for the fence panels to be flush to their side of the posts to give you elbow room

This sounds like a decent compromise as a starting point for speaking to them. 

Yeah definitely, gives us somewhere to start at least. 

We've managed to take some better photos, showing the bushes as the boundary and where the new fence posts have been installed.

princeofpounds

Thanks for all the details. I think you may need to explain the title plan you have posted as it's very hard to interpret. What are we looking at? In particular...
- Which property does your relative live in? The one marked 72?
- What exactly is the ground delineated in the red line? Is it a small square garden at the back, and a path leading to it?
- If yes, why does it apparently start only part-way through the plot?
- What is the small feature also delineated in red that appears to be inside the property? 
- What is the rectangular feature outlined in thin black, near the 'entrance' to the presumed path?
- Why is part of this feature/path highlighted further with a red fill-in?
- Where is the neighbour's land in this plan?
- Where are these fenceposts in this plan?
- What do the T marks represent on the plan? Should say in the deeds, but not always.
Also;
- Who owns the hedge?
- Who owns the concrete paving slabs?
- Before the fence arrived, what was between the paving slabs and the hedge? Do you have any photos?
- What is the concrete pole we can see? What is the different-looking concrete slab 'beneath' it on the last photo?
- Finally, what part of the plan are the photos showing?

Maybe annotate the plan with arrows and comments?

Is this a house converted into two flats, with a garden that's split front-and-back? Or is that totally off the mark?

It seems that your neighbour has basically just decided that the edge of the concrete slab is the edge of your relative's land. It may be - it's a linear feature in about the right place - but there were clearly other options. One is the hedge itself. Another could be that concrete post. A further could be any feature that was in place between the hedge and the concrete paving beforehand (my suspicion is that this latter one is probably correct).

sheramber

 Who planted the hedge?  I t may have been planted within the neighbour's garden , not necessarily on the boundary.

HayleyB26

princeofpounds said:

Thanks for all the details. I think you may need to explain the title plan you have posted as it's very hard to interpret. What are we looking at? In particular...
- Which property does your relative live in? The one marked 72?

Yeah, my relative lives at 72.

- What exactly is the ground delineated in the red line? Is it a small square garden at the back, and a path leading to it?

I have attached an annotated photo, which shows the garden that belongs to my relative, the border of the neighbour’s garden and where the bushes lie.

- If yes, why does it apparently start only part-way through the plot?

Not too sure. 

- What is the small feature also delineated in red that appears to be inside the property? 

I think that it is detailing the door to the property as it is an upstairs flat, but not too sure.

- What is the rectangular feature outlined in thin black, near the 'entrance' to the presumed path?

I believe that is the shed. There are two brick sheds in the garden, one for each resident.

- Why is part of this feature/path highlighted further with a red fill-in?

I’m not too sure, the title plan never seems to make sense to me.

- Where is the neighbour's land in this plan?

As mentioned above, I’ve attached an annotated photo displaying this.

- Where are these fenceposts in this plan?

On the annotated photo, they would be behind the bushes, displayed in the other photo of the posts.

- What do the T marks represent on the plan? Should say in the deeds, but not always.

Not too sure, it is not detailed in the deeds.

Also;
- Who owns the hedge?

There were bigger hedges there that were overgrown, towards the neighbours before which both had come to an agreement to get rid of them and instead replaced them with the bushes in the photo. By having those it already took a few inches of my relative’s land, but nothing too bad.

- Who owns the concrete paving slabs?

Again, not too sure, they’ve been there for 40+ years.

- Before the fence arrived, what was between the paving slabs and the hedge? Do you have any photos?

Unfortunately, don’t have any photos, but it was those hedges, which were inline with the concrete post.

- What is the concrete pole we can see? What is the different-looking concrete slab 'beneath' it on the last photo?

The concrete post is part of a washing line as you can see, which is still used by my relative as the line goes towards their garden. The slab is a step down into my relative’s garden and directly beneath the post is where the neighbour as dug down to install his fence posts.

- Finally, what part of the plan are the photos showing?

I’ve attached a photo, it’s along the border where the bushes sit. 

Is this a house converted into two flats, with a garden that's split front-and-back? Or is that totally off the mark?
It was built that way, its a maisonette flat, one upstairs, one down. Yeah the garden is split front and back.

I have tried to answer all your questions, I have put the answers in italic, hope that helps

MovingForwards

Have you got a copy of the title deeds as usually they explain what all the coloured bits represent.

Shelldean

Don't T's on the boundary usually indicate that they are responsible for the boundary??
So in this case it would OP's relative who is responsible?

Least thats what am sure I've read on here previously!

Comms69

Shelldean said:

Don't T's on the boundary usually indicate that they are responsible for the boundary??
So in this case it would OP's relative who is responsible?

Least thats what am sure I've read on here previously!

There is no obligation to have a fence. (unless under covenant).

Being responsible for a boundary has not effect on the rights of others to put up a fence either.

Rural_Puppy

Does the neighbour who is putting up own the fence their house too, or is he or she still  a council tenant? Try and get a copy of their deeds too, that may help to show boundaries clearly and who is responsible for what.
I think your relative has to mention now that they think the posts may be in the wrong place. Ideally come to an amicable agreement before any further work is done.
Ultimately, if there is clear evidence that it is in your relative's land, it could be removed and placed back on the neighbour's property. However that is going to do nothing to help good neighbourly relationships.
As others say, best to avoid a boundary dispute!