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Comments
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Put a post and string fence line back up.0
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Remove fence and plant with bamboo instead
mwahaha 0 -
We had exactly the same situation as you. Or fence made an 8 inch dog leg from the wall into the neighbours garden. It was the same fence that had been up when we moved in 18 years ago. We had photos, a sworn statement from the people we bought from 18 years ago.
If you go for adverse possession and your neighbour contests it you are locked into a boundary dispute. You then have to either give up, or spend money on solicitors and potentially going to court.
I had 18 months of absolute hell with mine. I ended up on anti depressants and putting the house on the market because I just couldn't take any more.
My neighbour insisted that this 8 inch strip was his land. Despite 'buyer beware', i.e. he saw what he was buying, he viewed the boundary where it was and still bought the house, he wanted that strip and was willing to go all the way.
Look on the land registry website for information. Also try posting on the garden law forum for advice.
Hopefully your neighbour is not an intransigent bully like mine is and will see sense.
You are making one huge mistake here.
When "he saw what he was buying" he saw what was on the Land Registry plans. If they had no kink, that's what he was buying. Where the fence was was irrelevant.
If it was the case that there was no dogleg on the plans, you were in the wrong, you should have seen what you were buying when you bought, and you should have conceded.0 -
There's no point in disputing the claim.
You need to make it clear you'd like your fence returned in good condition and as Badger50 says, it's the neighbour who has to put up a boundary fence with supports on his side at entirely his expense.There is no honour to be had in not knowing a thing that can be known - Danny Baker0 -
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Tea and cake along with a copy of both deeds will help...
By the sounds of it the fence is no doubt wrong.
Invite the neighbour round and come to an agreement. Personally I would agree to remove the fence then sell it, and replace it with a chain fence and a few posts. If your neighbour then wants a proper fence he can pay for it.
As you will be removing the fence, then this will obviously be done on the agreement that he then moves his chinney flue, as it would be preposterous to solve one boundary issue and not another...Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
A few thoughts which may offer a wider perspective
Loveland and Clutterfree posts ring very true in my experience - such matters are often only resolvable between neighbours. If you can't then it's a legal matter and the court is the sole arbiter.
Everything else is often just a 'view' - solicitor, surveyor, HMLR etc - all have experience/knowledge but if one of you doesn't accept that view none trump that position. Only a judge does if you can't resolve it between yourselves.
Remember the title plan shows only the general boundaries. It does not define the legal boundary. The reality on the ground matters but so too does history and you appear to have alone if the many examples as to why the title plan can't define the legal boundary and why it's so hard to establish - the legal boundary is very rarely defined in a watertight way and fences, walls, ditches etc change/get moved for a variety of reasons
As the title plan doesn't define the legal boundary where the dividing line is drawn works both ways. What I mean by that is a 'kink' doesn't mean there's a kink in reality and vice versa. So I would treat the title plan as helpful but not definitive either way.
The key is what do you both want and how far are you prepared to go to achieve it? You only know your own view on that of course. All our views can help shape that view of course.
The only view we can offer is that it's best to share details and understanding and agree a way forward. Experience shows that a dispute is rarely any good to either neighbour on a very wide range of levels.
And finally Badger50 refers to a fencing covenant, which is often personal but caught up with restrictive ones, not binding successors in title. In my experience that is not always true as it can be if the next buyer covenants to 'observe and perform' the covenants. I don't think that matters to OP but may impact on others“Official Company Representative
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ScorpiondeRooftrouser wrote: »You are making one huge mistake here.
When "he saw what he was buying" he saw what was on the Land Registry plans. If they had no kink, that's what he was buying. Where the fence was was irrelevant.
If it was the case that there was no dogleg on the plans, you were in the wrong, you should have seen what you were buying when you bought, and you should have conceded.
That is wrong. You see what you are buying when you go and look at the house itself. On the solicitors forms and contract it says you must look at the boundaries and if you are not satisfied say so before contracts are exchanged. My neighbour bought his house 2 years ago and was happy with the boundary. I bought mine 18 years ago.
You are also wrong as on the land registry website it clearly states that their plans are a guide only. The scale does not allow a measurement of 8 inches to show on the plan.
This is precisely why boundaries are difficult unless there are measurements stated in the deeds or plans.
Most people accept what is on the ground, particularly if it is clear that the boundary feature has been there for a long time. In my case we had photographic proof that the boundary feature had been in place for 25 years.
So I'm afraid you really don't know what you are talking about.0 -
I doubt anyone much gets the chance to look at original paper deeds when they buy their house.
I know I was interested to see that grabby next door nfh shows up quite clearly on the original paper deeds stuff for the road as having grabbed a bit of communal land which, at first sight, looks like it's hers. But I know it isn't hers - it's still ours (ie for the use of all of us) and she won't actually ever be able to claim it by "adverse possession". It's just a fact that is being borne in mind in case we need to use that bit of our land or anything...
Hence - no I disagree that one "buys what one sees". That will usually be the case - but there are exceptions and we can see a couple of them here on this thread (sorry - Loveka - but from what you say...).0 -
That is wrong. You see what you are buying when you go and look at the house itself. On the solicitors forms and contract it says you must look at the boundaries and if you are not satisfied say so before contracts are exchanged. My neighbour bought his house 2 years ago and was happy with the boundary. I bought mine 18 years ago.
You are also wrong as on the land registry website it clearly states that their plans are a guide only. The scale does not allow a measurement of 8 inches to show on the plan.
This is precisely why boundaries are difficult unless there are measurements stated in the deeds or plans.
Most people accept what is on the ground, particularly if it is clear that the boundary feature has been there for a long time. In my case we had photographic proof that the boundary feature had been in place for 25 years.
So I'm afraid you really don't know what you are talking about.
Just because he bought the house doesn't mean he accepted it. He bought the house and subsequently decided to try and enforce what he could see on the Land Registry.
Taking that to court was his right. If you thought you would win, you could have gone to court. If you didn't want the hassle, you could have given up this strip that was so small that it wouldn't even show on the plans. Why did it matter to him ? Why did it matter to you so much?0
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