Legalities of new fence erected

sincerelady

Hi all I’m hoping someone will come along and advise me.  My neighbours took down most of their fence but left their privacy panels up and one picket style panel.  We had a falling out some time before and I believe they did this in spite.  I needed to put up a fence to stop my little dog getting out so opted for concrete gravel boards and five foot panels.  Because of their fence panels the fence had to be erected a few inches in from my boundary, as the garden slopes a few gravel boards were slightly higher than the soil, so once done I hid the gaps with soil.  My neighbour then proceeded to remove the soil saying it was coming over their side.  After a big argument (not me but my son who was fed up of keep putting the soil back) we decided to put our differences aside and start afresh.  I made it clear to the neighbours that I was not relinquishing the small piece of land behind my fence on their side and they agreed.  It was also agreed that they could put bricks under the gravel boards where there were gaps. I have noticed that they have not put bricks under but grey blocks of some sort and as the last panels went in a couple of days ago I heard them putting the last of their blocks in, I am concerned though by the crunching noises that they may have damaged the gravel boards on their side.  That’s it pretty much in a nutshell.  My question is as it was a verbal agreement would I be wise to get a letter from a solicitor stating that the small piece of land behind my fence is still within my boundary and do I ask the solicitor to say that any damage they have caused or will cause will be down to them to repair or replace.  I also wondered if it is still my land that They should be making sure their plants do not encroach on that piece of land.  I don’t want them in years to come to claim adverse possession.

WIAWSNB

Hi SL.

We assume that the fence the neighbour took down was theirs? Ie, the actual, true boundary - which is an invisible line - ran down and touched the backs (ie, the side facing you) of their posts, so that all of the physical posts and panels sat within their property? 

If so, then, spiteful tho' it may have been, they can take it down. (Having said that, they also have a duty of care, so if they took it down at the risk of your dog running away, and they didn't inform you so you could take mitigating action, then they could be liable. But that bird has flown).

So, you then did the right thing by erecting your own fence, fully within your land. Your posts only had to 'touch' this same invisible line for them to lie fully within your land, so it's a shame that wasn't done, and there would be no void behind it. But hey.

The slipping-soil issue, again, could and should really have been sorted at the same time, perhaps by adding a second gravel board partially sunk into the soil, but hey.

You now wonder where you stand? First, I doubt very much them squeezing in some bricks will cause any damage to concrete gravel boards - they are made of stern stuff. (And if you'd done this job properly in the first place, they wouldn't have had to do this...)

That leaves the current no-man's land, and who owns it. Well, you do. But, yes, over time it may become harder to evidence this, and it'll certainly be a bind on you to police whether any plantlife encroaches over it. Have they removed their fencing? If so, you are at risk of losing the best evidence you had of the 'true' boundary.

What to do? You don't need a solicitor's letter - unless you have money to burn - as it's enough to inform them of the location of the true boundary, and evidence that you've done so. This could involve a number of photographs showing their and your fences, and a measurement betwixt them. Add a description of what everything means, and where the boundary actually runs - presumably tight to the backs of their posts.    

Is there any other way to evidence the true boundary? Eg, any fixed features such as gate posts, sheds, garages, walls?  

They mustn't cause any damage to your fence, or attach anything to it without your express permission, but I think it might be churlish to insist no leaves from planting touches your gravel boards. And how would you police this?

sincerelady

WIAWSNB - Ahhh okay so I live in a semi detached and  both houses were originally council houses and the previous owners took advantage of the right to buy.  So between the properties there was a chain link fence, my deeds have the T that side and there is a paragraph that says I am responsible for maintaining the fence/boundary, the original concrete posts are still there and the neighbours had attached their fence to the back of the posts on their side. I didn’t have a fence of my own there when I moved in.  When my new fence was being erected I took photos of where their four panels still stand and photos of one of the original fence posts so thankfully I have covered that problem without realising it.  Their privacy panels are still standing so I may go upstairs and take a photograph of them as you can see the gap between my fence and their panels.  The neighbours love their garden and are always buying new plants which is why I am worried, they told me only the other day that they are running out of space so I  am concerned they may put plants in what is still my bit of garden behind the fence.   I did make a note on my iPad that I had told them I was not relinquishing that piece of land and my son was there when I told my neighbours and they said it was fine. So I think I have covered that as well.  I also have a photograph taken not long after I moved in showing where their fence was.  I agree the gap beneath the gravel boards (only a few gravels boards out of 17) shouldn’t have had a gap beneath them but this was really on a couple of inches gap and I tried to fill them up on my side but the neighbours kept scraping the soil out which was how my son argued with them.  I don’t think though that they should have removed the soil beneath the fence as it was my boundary, but anyhow I allowed them to put bricks under the fence to stop the soil going over their side but I didn’t agree to blocks.  I think you have pretty much covered what I needed to know so I thank you very much for you honest advice.

WIAWSNB

Cool - you live in a semi. In which case, the actual boundary line runs in the exact middle of your two houses, unless there's some exceptional exception, which there won't be. So, that's good - no-one can claim the boundary has moved. It won't have, and it cannot. That is writ in better than stone, so don't worry about that.
What's on their side is theirs, and ditto for ditto.
That leaves the requirement to have a fence. There isn't one. Only in exceptional cases do the deeds state that a physical barrier must be maintained, and this positive covenant must also be continued through each sale with a legal whatsit.
They will not acquire a right to your strip. Even if they tried to, in a couple of decades, the Land Registry would get in touch and ask you 'if you mind'?
So, all you have to worry about is if they plant that strip, if that concerns you. 
I suggest don't concern yourself about the 'soil' migration. Tbh, since it's your higher land that's departing, the onus is on you to keep it in check. Really, to worry about this is a hiding to nowhere. 
Then there's their planting. Q - what are you worried about? 
Choose your battles carefully.
And if you don't have LegProt on your house insurance, you may not wish to choose a battle at all.
The 'land' is yours. 

sincerelady

Thank you for your advice I was concerned that if they planted flowers on my part of the boundary that in years to come they could claim adverse possession, I think you have cleared that up for me.  No problems now I can sit back and enjoy my fence and my privacy, again thank you very much

WIAWSNB

sincerelady said:

Thank you for your advice I was concerned that if they planted flowers on my part of the boundary that in years to come they could claim adverse possession, I think you have cleared that up for me.  No problems now I can sit back and enjoy my fence and my privacy, again thank you very much

Pleased that you are happy to relax now