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Another boundary dispute
Exasperateddan
Posts: 6 Forumite
Hi All
Our neighbour is claiming that the fence between our 2 properties is actually on their property. We have lived here for 4 years and they have never mentioned it before, I believe it is linked to us erecting a shed next to the fence at the top of the garden, according to the title deeds and covenants the fence is our responsibility and was erected by the previous owners of our property a year before we purchased it
I have two questions
1 are we responsible for moving/removing it?
2 As they are the ones who raised the issue is the onus on them to prove that it is indeed on their property?
Our neighbour is claiming that the fence between our 2 properties is actually on their property. We have lived here for 4 years and they have never mentioned it before, I believe it is linked to us erecting a shed next to the fence at the top of the garden, according to the title deeds and covenants the fence is our responsibility and was erected by the previous owners of our property a year before we purchased it
I have two questions
1 are we responsible for moving/removing it?
2 As they are the ones who raised the issue is the onus on them to prove that it is indeed on their property?
0
Comments
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If you accuse someone of something it is generally a good idea to have some evidence. They need to provide you with what they think is evidence so you can consider it.
If they are the type who are arguing over the width of a fence panel good luck!
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They are not the sort to argue over the fence but have sent a letter to me with their claim0
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What's the detail of their claim?Exasperateddan said:They are not the sort to argue over the fence but have sent a letter to me with their claim1 -
And what are they asking you to do about it?Hoenir said:
What's the detail of their claim?Exasperateddan said:They are not the sort to argue over the fence but have sent a letter to me with their claim1 -
Their claim is the fence is on their property and want me to move it back onto my property as simple as that. I can't do the work myself so would have to employ someone to do at a cost to me
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Do you think they are right?
Are there other reference points that would indicate where the boundary should be?0 -
No I don't think they are right although I wouldn't bet my savings on it and I'm tempted to ignore them until they can produce a surveyors report. I was just trying to ascertain whether they could make me do anything, legally wise that is0
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Because there's something else that clearly shows where the boundary should be? Or just because the fence happens to be there and they haven't complained before?Exasperateddan said:No I don't think they are right although I wouldn't bet my savings on it
If they're right, they can make you move it, or get it moved and send you the bill.Exasperateddan said:I was just trying to ascertain whether they could make me do anything, legally wise that is0 -
Right, so either way I'd have to pay to get it moved even though I didnt put it there and they've presumably allowed it to be put there at sometime in the past, seems an odd state of affairs1
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Only if they're right. And it's not an odd state of affairs for you, as the party '"in the wrong", to fix it in that case. If they'd put a fence into your land, would you be offering to pay for it to be moved or would you expect them to do it?Exasperateddan said:Right, so either way I'd have to pay to get it moved even though I didnt put it there and they've presumably allowed it to be put there at sometime in the past, seems an odd state of affairs
If they're wrong, then you have to pay for nothing.0
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