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Boundary help needed
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CornishGold

Joined: 11 Sep 2013
Posts: 5

Posted: Wed Sep 11, 13 10:37 am Post subject: Boundary help needed

We have a boundary issue would really appreciate it if someone tells me im over-reacting like my husband says lol....nothing unusual there. anyway We have concrete boundary marker been there since property built in 1977 (the sort with the holes through the middle that wire gets threaded through) The previous owners erected a fence inside the posts on our land which they paid for themselves to contain their dog. The concrete boundary markers remained in situ. We have lived here for 3 years but yesterday the neighbour took an angle grinder to the posts and cut them out....doesnt directly effect us as we dont look at the posts anyway and our fence is intact BUT........My concern is that in a few years if we sell or something and the neighbours declares the fence is the boundary line (actually about 8" inside our property) what proof do we have?? or if they plant upto the fence or other numerous concerns think its called encroachment. They did not ask permission to cut down the posts and I do not want to argue with them just wondering where we stand. I am sure it is actually criminal damage but obviously dont want to go down that route. there is lots of banging going on their side. K

tahir

Joined: 28 Oct 2004
Posts: 45676
Location: Essex

Posted: Wed Sep 11, 13 10:47 am Post subject:
Try here: https://www.gardenlaw.co.uk/phpBB2/index.php

yummersetter

Joined: 26 Jan 2008
Posts: 3241
Location: Somerset

Posted: Wed Sep 11, 13 11:07 am Post subject:

We had a similar situation, a 3ft path that was on our property that got 'land-grabbed' by our neighbours. We didn't argue the toss about it as we didn't want aggro with them. When we tried to sell the cottage, it was something viewers noticed as the garden was obviously smaller than it should be and didn't line up with the dividing line between the two semidetached properties - we couldn't get a buyer.

I think that if relations between you and your neighbour aren't close enough that they felt they could come and speak to you about their plans before they went ahead, you have nothing to lose by going and talking, in a civil and polite way, with them and asking them to replace the posts, as long as you have proof that they define your boundary if they challenge you.

CornishGold

Joined: 11 Sep 2013
Posts: 5

Posted: Wed Sep 11, 13 11:15 am Post subject:
Thank you for your advice and time much appreciated

joanne

Joined: 28 Oct 2004
Posts: 7100
Location: Morecambe, Lancashire

Posted: Wed Sep 11, 13 11:38 am Post subject:
Do you have a copy of your boundary plan? You can get one direct from the Land Registry for �3 https://www.landregistry.gov.uk/public/property-ownership You can then go to your neighbours and use it to back up your argument

CornishGold

Joined: 11 Sep 2013
Posts: 5

Posted: Wed Sep 11, 13 1:18 pm Post subject:
Found my land registry copy and the " T " is towards my property stating that the boundary is mine not shared, so the posts were wholly mine not the neighbours at all..... naughty naughty neighbour. Thanks again for your help

RichardW

Joined: 24 Aug 2006
Posts: 8443
Location: Llyn Peninsular North Wales

Posted: Wed Sep 11, 13 1:48 pm Post subject:
Whilst the T does show who is responsible for the fence the accuracy of where that line / mark is will not be accurate enough to define it within 8" The thickness of the printed line will be more than that.

oldish chris

Joined: 14 Jun 2006
Posts: 4148
Location: Comfortably Wet Southport

Posted: Wed Sep 11, 13 3:06 pm Post subject:

yummersetter wrote:

we couldn't get a buyer.

this problem can work both ways, you can't sell a property if there is the potential for a boundary dispute.

An approach might be to advise the neighbour of the history of the fencing, and suggest that, when his property comes on the market, you may be forced to lodge a challenge to the current fence position. Not out of spite or pettiness, but because of potential legal problems when you come to sell. It is also possible that his purchaser may employ a surveyor or solicitor that has several brain cells and they may spot the risk.

CornishGold

Joined: 11 Sep 2013
Posts: 5

Posted: Wed Sep 11, 13 3:10 pm Post subject:

Iunderstand that RichardW but the posts he cut down 2 days ago were the original 1977 boundary posts so where the boundary is was not the issue it was the fact he cut the posts down is the issue, but if reinstated now we know it is correct and mine hope that makes sense... so the posts and everything myside will be mine so he should not have cut down the posts OR.....kreosoted the back of MY fence which is what he has been doing all this afternoon.....despair

Nick

Joined: 02 Nov 2004
Posts: 34535
Location: Hereford

Posted: Wed Sep 11, 13 3:28 pm Post subject:
Maybe the neighbour doesn't even know the fence is yours, inside your boundary, and the posts were the marker. Have you spoken to them?

onemanband

Joined: 26 Dec 2010
Posts: 1473
Location: NCA90

Posted: Wed Sep 11, 13 3:55 pm Post subject:

If the posts are only cut off, then there will still be at least 2 foot of post below the ground which would confirm the boundary position at a later date.

As RW says, land registry plans do not give dimensions and are only a guide. If the boundary line doesn't look out of place then I doubt there will be a problem when you come to sell. Being in a dispute with your neighbours is more likely to be a problem when you come to sell.

I'd point out that the concrete posts marked the boundary, you don't mind the fence being over the boundary, but don't want any structures or hard landscaping crossing the original boundary line as when the fence is next replaced you want it back in its original position.

CornishGold

Joined: 11 Sep 2013
Posts: 5

Posted: Thu Sep 12, 13 7:11 am Post subject:
I am going to speak with the neighbour today and thank you I am going to word it exactly as you have stated inthe last comment that is perfect and exactly how we feel

pollyanna

Joined: 03 Nov 2012
Posts: 221

Posted: Thu Sep 12, 13 7:49 am Post subject:
After your conversation, which I hope goes well, drop you neighbour a note detailing your position. Then both of you have a record and some time in the future you may need it. Have to say that if he unilaterally chopped off the posts he may be a difficult character to deal with. Much better so state your position now.

Ty Gwyn

Joined: 22 Sep 2010
Posts: 4613
Location: Lampeter

Posted: Thu Sep 12, 13 9:28 am Post subject:

You mention you have lived there for 3yrs,
1.did you not have this boundary change pointed out to you at time of purchase.
2.have you not in this time spoken with your neighbour regarding these posts in the original boundary,
3.regarding the mention of your neighbour creosoting the back of the fence,it clearly shows he is concerned for its maintenance,and does`nt want to look at a deteriorating fence back.
4.Shame he did`nt ask you to move the fence,and bolt it his side of the concrete post`s,so you could have the view of the post`s.

5.If you insist the fence is yours and not a shared boundary,he may charge you for the maintenance he has done.

iaf

Joined: 30 Oct 2010
Posts: 168

Posted: Thu Sep 12, 13 1:17 pm Post subject:
Be funny to see him try and charge for treating with creosote; https://www.hse.gov.uk/biocides/copr/creosote.htm

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