Neighbour now says our fence is on his land after previously agreeing to it.

wildz

We bought our house 2018,our neighbours moved in the same year, we got on really well. They erected their own fence all the way around their property because they didn't want to have a party fence. We then built our own in our back garden, the neighbour suggested we go onto his land around half a foot to get concrete posts in, we did this. Between the 2 properties is a culvert (think that's how you spell it) we think a Dyke was there also. To cut a long story short we have had a major fall out, about what I don't want to say on here. Neighbour has now nastily, verbally told us after hitting my husband that he wants the half foot back, meaning we will have to take our fence down. We have no intention of ever speaking to this horrible individual again so the likelihood is we will have to do his bidding? 

user1977

Yes, I think so. His informally letting you put fence posts in his land didn't transfer ownership of the land. Whether a future buyer (of either property) spots the discrepancy is another matter.

QrizB

wildz said:

Neighbour has now nastily, verbally told us after hitting my husband that he wants the half foot back, 

Did you report the assault to the police?

wildz

No didn't report, hubby turned away quickly, still caught him but it's not worth it, if we report him he's just going to make it worse, because unfortunately this is the sort of person he is and we've had long enough to find out now. 

QrizB

Think again?

Even if you decide not to, start a written diary with dates, times and events. In 6-12 months when this has escalated, having a full record will help you with whatever legal steps you need to take.

On-the-coast

How sure are each of you about that six inches?   There’s an expected level of imprecision where it comes to land boundaries.  It’s easy to be precise when it comes to house walls - especially if they’ve been there for a long time, but gardens less so. Can he prove it?   Can you?

wildz

It would be the width of a fence post, reckon 4 inch to be honest. Regarding the diary, I started make note of some things I don't want to discuss those on here, but I would need to take photos. Thanks

TheJP

If it was me i would keep it to yourselves otherwise you'll have to declare a dispute when you sell. Perhaps ignore it and see if he doesnt pursue it, sometimes people make empty threats in the heat of the moment.

I had a previous neighbour who owned a little strip on our front garden, it used to be occupied by a hedge and was removed before we moved in. A new neighbour moved in and after 6 months had realised this insignificant piece of land was his, he demanded we reinstate the hedge row. I said no as it wasn't there when we both bought the house, he said he would take legal action. I ignored him and i never heard another word about it.

wildz

Unfortunately he's also a family member, after 45 years he's shown his true colours! We have all the info to hand, photos of original fence post etc, we also think his wall he built between the drives is slightly on our land. Will wait for the letter to arrive! Thanks

TheJP

Oh dear that is a right old mess!

user1977

TheJP said:

If it was me i would keep it to yourselves otherwise you'll have to declare a dispute when you sell.

If you've already had a punch-up with the neighbour then I think you're well beyond the point of having to declare a dispute!