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Defending boundary dispute

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Comments

  • ThisIsWeird
    ThisIsWeird Posts: 7,935 Forumite
    1,000 Posts Second Anniversary Name Dropper
    edited 4 June 2023 at 7:23AM
    Looking at your OP again, it's probably a shame now that the original neighb gave this permission. Otherwise AP could have played a big role in the outcome. IE, both parties could have been completely ignorant of the incorrect fence, and both had assumed it was correct. :neutral:

    When the appointed surveyor completes their work on your friend's side, I think that could be the end...
  • meeemee
    meeemee Posts: 310 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    So was the original building a wooden shed and this got replaced to a concrete garage, needing a base and harder to remove? If so it’s a shame the old neighbour didn’t have the foresight then to take their piece of land back especially if they had an idea they would be moving in the near future, could they not chip in with the costs seeing as they have a part to play in this? 
  • AT23, if your friend is still debating whether this is worth pursuing - and if they cannot even afford the cost of moving the garage, then that would surely be a crazy risk - then they may wish to ensure they are talking with boundary dispute specialists. There are a number of these, and some will even provide an opinion for free, given the outline of the situation. Write a brief and succinct overview, including all relevant points, and no filler. Eg, whether you can evidence (witnesses) the original agreement, and the compromise offer made. If they all say 'non', well...


    The compromise was made during the hearing. I will check as to how it was recorded. I will also check that the offer to reposition the shed was made when the nearest situation allowed. 

  • Looking at your OP again, it's probably a shame now that the original neighb gave this permission. Otherwise AP could have played a big role in the outcome. IE, both parties could have been completely ignorant of the incorrect fence, and both had assumed it was correct. :neutral:

    When the appointed surveyor completes their work on your friend's side, I think that could be the end...
    Agreed. 

    A ‘small’ situation 20+ years ago at a time where information wasn’t so readily available is very different to making a decision now. 

    Given the circumstances, different choices would most certainly I’ve been taken! 

  • meeemee said:
    So was the original building a wooden shed and this got replaced to a concrete garage, needing a base and harder to remove? If so it’s a shame the old neighbour didn’t have the foresight then to take their piece of land back especially if they had an idea they would be moving in the near future, could they not chip in with the costs seeing as they have a part to play in this? 


    There was an unkept fence (neighbours) originally there which my friend replaced and accommodated the new shed some 20+ years ago. There was no intention for either parties to move hence this has been such a long standing arrangement. 
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