Boundary issues

smudge_72

canaldumidi said:

canaldumidi said:

1) background research: LR Plans (his & yours), photos etc

2) a firm chat "I know it's a hassle but please move the fence back onto the boundary"

3) wait couple of days (or until it's obvious you are beimg ignored) and then remove the posts/fence yourself and place them on his land.

I was under the impression that LR was not precise enough for boundary issues such as this, as we are talking inches not feet. And it even states on the LR example of a title plans: the legal boundary - is the line which is not visible on the ground which divides one person's land from another's. It is an exact line having no thickness. It is rarely identified with any precision either on the ground or in the deeds.
The only thing I do have is one fence panel left standing at the bottom of the garden.  Suppose I can use that to show the previous line as well as the slabs and decking that has been placed on top of the slabs that went up to the previous fence on there side!!!
Not sure what photos I need.  As I don't have photos of the fence when it was standing or attached to the wall.  Doubt they do either.  The nearest thing I have is the rightmove photos taken when the house was sold a couple of years.  But it does not show where the fence was attached to my extension.  Just the back garden!!!!
The next door neighbour knows its on my property as he admitted to my partner by saying it was by a couple of inches!!!!

Nothing more than can be down until tomorrow anyway. 

dimbo61

Replacing a fence in exactly the same position means digging up all the old concrete and removing the now broken rubble.
The holes will be much bigger and require more concrete.

theoretica

smudge_72 said:

dimbo61 said:

Go on the Land Registry website and pay £3 each for your LR plans and your next door neighbours.
Check carefully what they show.
You may need to employ a team of Fence builders to erect a new fence on the boundary lines.

He is suppose to work for a company that erects fences!!!!  I will look at LR but I believe my extension is on the boundary
Before a strip of wood was attached to the edge of the extension which a shiplap fence was attached to.  All the fence posts were on the their side.  I can't work out why he is just not replacing like for like and why he is digging new fence holes!!!!

So previously, the fence panels were along the boundary line but the posts his side?  Will the new fence have the panels along the same line - but the posts on your side this time, or is he moving the panel line too?

canaldumidi

dimbo61 said:

Replacing a fence in exactly the same position means digging up all the old concrete and removing the now broken rubble.
The holes will be much bigger and require more concrete.

Why? My fence posts rot at the base periodicaly over the years. I remove the post, dig the rotten wood out of the concrete hole the post was fixed into, insert a new post intothe existing concrete hole, and re-attach the fence on either side.

Fence remains in the same position.

jonnydeppiwish!

As GM used to say, tea and cake.

It seems that you may not have explained your position in a way that your neighbour understands.

Invite them round for a nice chat.

Doozergirl

Life is way too short for sort of thing.  

The position of a fence does not change the boundary.  A  boundary has absolutely no width to it,  whereas a fence post is four inches wide and the fence itself a good two inches.  It does not and cannot mark a boundary. 

The boundary can be agreed to be one side of a fence, or the other, or in the middle or anywhere else.  The physical fence can belong to anyone.  The true boundary cannot be judged by future people with no benefit of knowing exactly happened in the original developers mind.  Maybe nothing occurred, they just put a fence up.  The boundary isn't a physical thing, it's like the 'surface' of water, something described but that doesn't exist, it's just explained in words.  

It's astounding when you 'believe' you know where the boundary is, but actually all you know is that you were happy with the status quo.   Cycle back here from people willingly stealing other people's land.  The LR title plan isn't going to help.  I blow up scaled drawings of houses on my laptop as part of my job and what I end up with is a blurry mess that is wider than a fence when I try to mark it with a new, apparently smaller physical line, so even I have to remeasure internal walls for correct measurements of something that is actually defined, let alone something that is not.  

Even if you had exact dimensions of where the boundary is, based on to-the-millimetre evidence from one permanently fixed point, how do you then correctly mark it with four inch posts for perpetuity?    The best way might be to build two fences side by side on each neighbour's land and have a physically boundary marked by nothing.  Even then, one fence rots, it comes down, one neighbour knows they have what appears to be a bigger garden as a result of losing said fence.  They sell the house and suddenly the new owners think the boundary is the centre line of someone else's fence or even the other side.  It's a mental construct.  

There are so many different things that can affect the marking of a boundary line over time, it simply is not worth getting angry about or calling 'theft' or falling out with people over a few inches either side of something which only truly exists only in the mind.   

This is not Russia invading Ukraine.  The primary cause of unhappiness is never the situation but your thoughts about it.  If you stop thinking about it, it ceases to be a problem.  Honestly, you'll just feel better if you move on. The neighbour is paying for and providing a new fence for everyone's protection and that is a nice thing which many don't receive the benefit of.  

74jax

theoretica said:

smudge_72 said:

dimbo61 said:

Go on the Land Registry website and pay £3 each for your LR plans and your next door neighbours.
Check carefully what they show.
You may need to employ a team of Fence builders to erect a new fence on the boundary lines.

He is suppose to work for a company that erects fences!!!!  I will look at LR but I believe my extension is on the boundary
Before a strip of wood was attached to the edge of the extension which a shiplap fence was attached to.  All the fence posts were on the their side.  I can't work out why he is just not replacing like for like and why he is digging new fence holes!!!!

So previously, the fence panels were along the boundary line but the posts his side?  Will the new fence have the panels along the same line - but the posts on your side this time, or is he moving the panel line too?

Hhmm I'm confused over this too. 

OP will the fence be in the same place, but the posts reversed? 

As for the cement bag left, just pick it up and pop it through the fence gap. 

400ixl

Can you not just go and mark the boundary line. Maybe a piece of string from the edge of the extension to wherever the fence ends and then have a conversation to ensure that the fence stay to that side of the line.

TheJP

How certain are you that the extension isn't encroaching over the boundary line?

FreeBear

TheJP said:

How certain are you that the extension isn't encroaching over the boundary line?

Unless it was built as a party wall, there is a very good chance that the wall is inside the OP's boundary.

When my neighbour built his extension to the boundary, we gained a ~200mm strip of land over the top of his foundations.