Fence in Wrong Position to Plans

p00hsticks

Bendy_House said:

TMeggs, have a look at it on Google maps/Earth. Then go 'historic' (not quite of the best way).

You should find dates on each view to indicate when the satellite shots were taken. Now, if you could show that this fence moved after the house's were built and occupied...

Given that we seem to have established that the current position of the fence accurately reflects the boundary as shown on the land registry, I don't think that approach is going to be very productive.

Even in the unlikely event that it can be seen to have moved in the past then it presumably would have been done because it was found to be in the wrong position and so moved so as to correctly reflect the LR title.

molerat

Are any of those trees in the way of where the fence goes on the developer plans ?  If they are established trees moving the fence to suit the trees is the easiest way even if it chops the end off the garden..

Ath_Wat

p00hsticks said:

Bendy_House said:

TMeggs, have a look at it on Google maps/Earth. Then go 'historic' (not quite of the best way).

You should find dates on each view to indicate when the satellite shots were taken. Now, if you could show that this fence moved after the house's were built and occupied...

Given that we seem to have established that the current position of the fence accurately reflects the boundary as shown on the land registry, I don't think that approach is going to be very productive.

Even in the unlikely event that it can be seen to have moved in the past then it presumably would have been done because it was found to be in the wrong position and so moved so as to correctly reflect the LR title.

Indeed.  Or maybe even it got sold (unlikely, but this is all unlikely).

A former poster used to have the strange idea that boundaries are somehow permanent and indivisible and if you could see that the house you owned was part of a larger parcel in 1900, it somehow stood to reason that you must own that land now and the only possible explanation was that some unscrupulous neighbour had stolen it from you.  They don't appear to post any more but this seems to be going back to that rather unusual concept.

Bendy_House

p00hsticks said:

Given that we seem to have established that the current position of the fence accurately reflects the boundary as shown on the land registry...

Fair do's - I didn't know we had.

theoretica

Also, this seems to be a new boundary in 2006, so there is no scope for old paper deeds to have been wrongly interpreted when digital registration happened. 

Norman_Castle

Check the neighbouring properties deeds. If they show the boundary where you think it should be as on the original plans it may be worth challenging otherwise I'd accept it as it is.

warby68

Mine is a pragmatic response - I have no detailed boundary knowledge.

The time for action, if any, was when purchasing, when the vendor could have been made responsible rather than yourself. 2 years after you move and 16 years after the event and you are only get the hackles up of those neighbours and possibly those of others too. There is a high value to good (and friendly) neighbours if you intend to stay beyond the immediate future.

p00hsticks

Bendy_House said:

p00hsticks said:

Given that we seem to have established that the current position of the fence accurately reflects the boundary as shown on the land registry...

Fair do's - I didn't know we had.

OP's first post said that 'our deeds show the boundary line as the fence is currently placed.' and their subsequent post also showed a picture of the LR boundary superimposed over the original developers plan, indicating that the developer appears to have changed the boundary from that first proposed to the one finally registered, where the fence now is.

aoleks

I didn’t read the entire thread, but property boundary and fences are not always the same. I can put up a fence inside my boundary, away from the edge. It doesn’t mean I don’t own the land behind the fence.

clarify where your boundaries are (developer might be able to help) and then decide what you want to do.

Ath_Wat

aoleks said:

I didn’t read the entire thread, but property boundary and fences are not always the same. I can put up a fence inside my boundary, away from the edge. It doesn’t mean I don’t own the land behind the fence.

clarify where your boundaries are (developer might be able to help) and then decide what you want to do.

If you had read the whole thread you would see that his deeds and the Land Registry concur with the situation as it is on the ground.  All he has is an old application for planning permission that shows the developer at one point intended to put the fence in a different place.