Boundary Issue! New neighbour wants to move their fence!

MrBounce

Hi,

I purchased a house nearly 2 years ago and the neighbours fence was as per photo (with red arrow) where there trees were against it. 20 years ago (or longer) the neighbour extended, which is the wall with the guttering, and then installed a fence in line with that wall up until the hedge. The hedge we maintain our side, they maintain theirs. The other photo is their side.

The fence that they installed wasn't in line with their rear garden fence. But next to their extensions wall, there was some trees, which we were told were ours and maintained by the previous owners of our house, which we have since taken down (the neighbours were aware and fine with that). Since doing that, the neighbour sadly passed away and the house has now been sold.

The new owners have just got the keys and are wanting to erect a fence, in line with their rear garden fence (as per red line on photo), in affect, coming onto where we took down the trees. So they can get access to their back, as currently they can only access through their house or garage, but we will be using that as part of our walk way to the back, as extending, hence taking our trees down. 

They have nothing on their deeds saying the exact boundary, just the red line, just like we have. I can see from Google maps as far back as 2008 it has always been the way it is, and I have been told it's probably been even longer. The new owners come across like they are going to do it anyway...To do this, they would need to come on to our property to do it, I think. 

Looking at previous planning applications, and tree reports related to the applications, the plans always plotted the trees (which we have now taken down) on our side of the boundary. 

Am I right in thinking that boundaries are not always a straight line? And as the neighbours have always had the fences in the position they are in, that it would be assumed as the boundary?

I hope it make sense.

Brie

Yes boundaries aren't always a straight line. 

But if you think they are trying to erect a fence on your property you can say no.  Also if they are going to erect a fence on their property but do it by accessing your property you can also say no.  

You could of course erect your own "fence" by putting a string up between posts to show where you believe the boundary to be.  That might help they visualise better where their fence might go.  

I think that if you have been using a path that is right on the boundary (so both yours and theirs) for a particularly long time that they won't be allowed to block that as it may be designated as a right of way.  This is the sort of thing that you might want to check with a friendly solicitor or legal type - maybe accessed free via your house/car insurance legal cover?

Hopefully you can come to some agreement.

theoretica

You say 'their' back garden fence - but might it actually be yours - your side of the boundary and the extension built as far over as it could be? 

Grumpy_chap

MrBounce said:

Am I right in thinking that boundaries are not always a straight line?

Yes, you are correct that boundaries are not always a straight line.
What do the deeds say for each property?  Do they show the boundary as a straight line?

MrBounce

theoretica said:

You say 'their' back garden fence - but might it actually be yours - your side of the boundary and the extension built as far over as it could be? 

We did think that... But as the fence is on the side of the trees, which are currently in their garden, we assume it's theirs...

As the fence has been in that position for a very long time, we would assume it's theirs and the boundary isn't a straight line... New neighbour has other ideas... 🤔

MrBounce

Grumpy_chap said:

MrBounce said:

Am I right in thinking that boundaries are not always a straight line?

Yes, you are correct that boundaries are not always a straight line.
What do the deeds say for each property?  Do they show the boundary as a straight line?

They do yes... But no measurements etc...

Although they show a straight line..on our other property, they also show a straight line, however the property boundary has been as per photo attached. 

We've had this property 20 years, and it was also like this when the previous owners had it... Which they owned since new. 

user1977

MrBounce said:

Grumpy_chap said:

MrBounce said:

Am I right in thinking that boundaries are not always a straight line?

Yes, you are correct that boundaries are not always a straight line.
What do the deeds say for each property?  Do they show the boundary as a straight line?

They do yes... But no measurements etc...

It'll be easier if you show us the plans. They may have "no measurements" but I presume they were drawn to scale?

MrBounce

Brie said:

Yes boundaries aren't always a straight line. 

But if you think they are trying to erect a fence on your property you can say no.  Also if they are going to erect a fence on their property but do it by accessing your property you can also say no.  

You could of course erect your own "fence" by putting a string up between posts to show where you believe the boundary to be.  That might help they visualise better where their fence might go.  

I think that if you have been using a path that is right on the boundary (so both yours and theirs) for a particularly long time that they won't be allowed to block that as it may be designated as a right of way.  This is the sort of thing that you might want to check with a friendly solicitor or legal type - maybe accessed free via your house/car insurance legal cover?

Hopefully you can come to some agreement.

Yes, we will be saying no, but the new neighbours seem like the type just to do what they want.. 

Currently we are having renovation works etc hence the mess. The worry is, they may do something when we are not their. For example they want to cut the trees down in their garden, but they need access through our property to do it. If we give consent, they will need to take their fence down to do it. The other worry is if they put that or a new fence in a different position, to give them more garden, by taking some of ours... 

MrBounce

user1977 said:

MrBounce said:

Grumpy_chap said:

MrBounce said:

Am I right in thinking that boundaries are not always a straight line?

Yes, you are correct that boundaries are not always a straight line.
What do the deeds say for each property?  Do they show the boundary as a straight line?

They do yes... But no measurements etc...

It'll be easier if you show us the plans. They may have "no measurements" but I presume they were drawn to scale?

This is their title plan with red line, mine is the one next to it. Our plot isn't as big as it shows on that title plan, as our previous owners sold part of the garden to build a house. 

Their plan, doesn't show their conservatory or garage extension to the right of the property. 

user1977

Well I agree that's a straight line.

MrBounce

user1977 said:

Well I agree that's a straight line.

Yes, however, the physical boundaries have never been like that. The small area in question, cannot be accessed by them, without walking around onto our property to access. The previous owners erected that fence many many years ago, why would they lose a bit of land if it was theirs.

Also the trees that were on our side (which we took down recently) were ours which were always maintained by us and previous owners of our house.