Fence and boundary line

SCOTTWITHERS180

Hi there , we moved into our first home in September ( new build) and have recently discovered the developer has erected the fence in from our boundary line. I estimate we are losing around 3ft at 1 end and 6ft at the other over the space of 30ft wide. We have contacted our solicitor but he doesn't seem to be pushing the issue for us and has told us and our neighbour that he has sent other a letter to the other solicitor to try and resolve the issue.  Can anyone please offer any advise or what should or what can happen in this situation.  Its a good bit of garden to lose and we only want what we paid for.  Tia

qwert_yuiop

What’s on the other side of the fence?

ballyblack

I noticed in a new development in N'Ards the builder left a waste strip of land for wildlife reasons/biodiversity  (it was in the plans)

is there a hedge close by?

 Are you the only one affected?

SCOTTWITHERS180

Other people live on the other side and after talking to 1 of the builders who was doing our snags . He admitted they all knew the fence wasn't in the right place and that the neighbours on the other side came out giving off while the fence was being put up and so the developer re routed the fence.   Yes there is a line of trees that goes along the fence 

SCOTTWITHERS180

We weren't made aware of the fence being moved for wildlife or anything. And there is 5 houses affected 3 of us have been in contact with the solicitor and 2 don't seem bothered. 

qwert_yuiop

Can you not come to an agreement with your neighbour without running yourself into legal expenses?

lastbigspender

Boundary disputes can be an absolute nightmare not only cost, time and effort but also the stress its can put on yourselves plus you have said you have only moved into the new property relationship with new neighbours will be badly damaged!!

From experience solicitors will only communicate what you tell them too costing you a packet, my advice would be as its your first home speak with your neighbour to find out their stance on the issue and if they are willing to come to an amicable agreement to resolve the issue.

Also, legal boundary disputes can take a long time to resolve and if you ever intended to sell you property you would have to advise prospective buyers of the boundary dispute and they would be legally advised to run a mile from this purchase.

Only my experience and hope it helps

Mistral001

SCOTTWITHERS180 said:

Hi there , we moved into our first home in September ( new build) and have recently discovered the developer has erected the fence in from our boundary line. I estimate we are losing around 3ft at 1 end and 6ft at the other over the space of 30ft wide. We have contacted our solicitor but he doesn't seem to be pushing the issue for us and has told us and our neighbour that he has sent other a letter to the other solicitor to try and resolve the issue.  Can anyone please offer any advise or what should or what can happen in this situation.  Its a good bit of garden to lose and we only want what we paid for.  Tia

Is the "other solicitor" the builder's solicitor?

I would keep it between you and the builder.  It is quite possibly this incorrectly located fence is considered a defect and thus the builder will have to rectify within the Defects Liability Period which is usually 12 months.

DeeShoot

Be aware that any trees along that fence will grow and cause problems down the line - speaking from experience.  You are right to get the issue addressed now rather than later. Hold your ground (literally) and get it sorted now. Chat with the neighbour and hopefully they will be amicable.