boundry fence

[Am333rcr]

hi

so friend i know has put up new fence not right on the old boundry about 2ft max.

neighbour has started ripping old one down. supposedly unsafe for his kid.

would you leave it ? or put a wee silly thing to re instate boundry? lawyer sugests re instate?

its a rented flat. he is trying to get hold of land lord

cheers

 

[James1979]

I would do as the lawyer suggests...... They would know.

If he does nothing and the person next door 'maintains' the land then after time (not very long if I recall) they can claim it as theirs. Thats why councils get sh1tty about folk cutting grass on verges. Probably not likely in a rental flat, but the landlord may claim the maintenance was done by his agent on his behalf and then take the land over. Hugely unlikely but he's spoken to a lawyer and got legal advice so I would act on it if it were me.

 

[zzr1200]

I'd have put the fence on the boundary, no arguments then...

 

[Screwdriver]

The boundary is defined by the title deeds. It never changes even if your neighbour strays over it, that is so long as the MX records are accurate enough, better if there are physical boundary markers like concreted posts which can be used as markers. It is an offence to deliberately remove a boundary marker if it has been specified on a record.

I'm pretty sure that's right. A neighbour (or anyone) might claim "right of way" if a path/gate/access has been in common use without lock/key etc. for a period of time. Ownership of property is a different matter entirely. There are methods for adverse possession but there is a process for that which is more onerous than just fencing off a bit of land and claiming it.

 

[Am333rcr]

i said to him i would do what lawyer say .

so he will need to put mini fence up to show real boundry as the fencer has put ut 6ft high fence with post etc.

cheers

 

[gaz1]

1. The plan you are relying on is almost certainly not going to be suitable to take measurements from.

2. You probably don't know how to measure land properly.

3. If you start to measure your boundaries you will start to believe things you have no business believing, for example that you know exactly where your boundaries are.

4. Legal boundaries can move over time, so there is a possibilty that the fence is in the right place simply because by having been where it is for long enough it has come to represent the boundary.

5. If you start bandying measurements about (a) if you are in dispute with your neighbour you will make the dispute worse and (b) if you are not in dispute you soon will be.

6. Disputes over boundaries enrich lawyers and surveyors - you don't want to do that as they are already rich enough.

7. Of course if your neighbour takes liberties you will want to do something about it. Making points such as "I used to be able to get my wheelbarrow between my house wall and your fence, but now I can't" and "You have pushed over all my shrubs and they are now at an angle when they used to stand up straight" will carry more weight than sticking plans under people's noses.

8. When you move into a new house take photos of the fences, walls etc from all angles. These are far more likely to be of use than plans if you want to show that the nice new fence your neighbour has put up is not in the same position as the old one.

9. Try and be around if your neighbour is putting up a new fence.

Put the tape measure away - Garden Law Discussion

so friend i know has put up new fence not right on the old boundry about 2ft max.

neighbour has started ripping old one down. supposedly unsafe for his kid.

would you leave it ? or put a wee silly thing to re instate boundry? lawyer sugests re instate?

its a rented flat. he is trying to get hold of land lord

your info is not clear enough

how far away from the boundary is the new fence ?
i presume its 2ft high or is the new fence 2ft away from the boundary ?

id advise get out there take photos for now so it shows old fence and new for landlord reference as there the tennant the argument isnt with the tennant but with the owner of the property

 

[gaz1]

a tennent is allowed to install a low fence with agreement from the landlord as long as they take it away when moving

it dosnt define the boundary fence if your interest is having a nicer looking fence or protection for your children

at 2ft high its not a high fence but a garden fence so not classed as the boundary fence

 

[Screwdriver]

A boundary exists whether there is a fence or not.

 

[gaz1]

A boundary exists whether there is a fence or not.

ours has moved by 1ft
so to be fair we have just pulled the wall down and redug new foundations and relayed the whole boundary wall back into line with the boundary

 

[Am333rcr]

the fence that he got put up was around 2 feet inside his own property line. not onhe current fence line.

he doesnt know how accurate that would be without measuring it.

 

[Cato]

Google earth can be very useful for boundary issues. There's a timeline feature on it which you can use to roll back and see if/when things have changed to provide evidence/information.

 

[Kayos]

1. The plan you are relying on is almost certainly not going to be suitable to take measurements from.

2. You probably don't know how to measure land properly.

3. If you start to measure your boundaries you will start to believe things you have no business believing, for example that you know exactly where your boundaries are.

4. Legal boundaries can move over time, so there is a possibilty that the fence is in the right place simply because by having been where it is for long enough it has come to represent the boundary.

5. If you start bandying measurements about (a) if you are in dispute with your neighbour you will make the dispute worse and (b) if you are not in dispute you soon will be.

6. Disputes over boundaries enrich lawyers and surveyors - you don't want to do that as they are already rich enough.

7. Of course if your neighbour takes liberties you will want to do something about it. Making points such as "I used to be able to get my wheelbarrow between my house wall and your fence, but now I can't" and "You have pushed over all my shrubs and they are now at an angle when they used to stand up straight" will carry more weight than sticking plans under people's noses.

8. When you move into a new house take photos of the fences, walls etc from all angles. These are far more likely to be of use than plans if you want to show that the nice new fence your neighbour has put up is not in the same position as the old one.

9. Try and be around if your neighbour is putting up a new fence.

Put the tape measure away - Garden Law Discussion

your info is not clear enough

how far away from the boundary is the new fence ?
i presume its 2ft high or is the new fence 2ft away from the boundary ?

id advise get out there take photos for now so it shows old fence and new for landlord reference as there the tennant the argument isnt with the tennant but with the owner of the property

Very well put

A neighbour tried telling me that to drive onto my driveway I had to cross his land, so to avoid legal action we should create a shared drive (he doesn't have room or access) with a covenant that each property has only 1 car.

Once I'd finished laughing I asked how he had measured the boundary. He showed me which resulted in much more laughing.

I told him to bring on the legal action, but reminded him my 20 years in the building trade and his measuring would end up costing him a lot of money.
Never mentioned it again

 

[gaz1]

the fence that he got put up was around 2 feet inside his own property line. not onhe current fence line.

he doesnt know how accurate that would be without measuring it.

its classified as a garden fence for the user to enjoy not as a boundary fence

take photos of it so they include the boundary fence

when the new fence is started take photos again and when its built

contacting owner as reference that next door is replacing the boundary fence just as knowledge for the owner is all the tennant can do

if next door try a land grab thats on there own back as the tennant just has to supply the photos to owner

 

[500e]

Sort boundary's before buying it is owners/ landlords problem.
Has he informed landlord or agent in Writing posted recorded delivery with proof of delivery of what is happening if so end off

 

[James1979]

Problem is, as the surveyor who did my fields pointed out, a pen line on a map can be 4’ wide on the ground. Even land registry ones are not down to the last cm.

Lawyer says put a marker in. If he takes that advice it’s up to him but i know what I’d do….

Lawyer knows about law. I know about making and fixing sh1t

If he gave wrong advice at least you can take it up with him. The internet doesn’t really allow for that.

 

[reb78]

Got to ask... why put a fence up 2ft into your own land? Better on the boundary or to get whoever is responsible for that side to replace if it needs it?

 

[gaz1]

Got to ask... why put a fence up 2ft into your own land? Better on the boundary or to get whoever is responsible for that side to replace if it needs it?

as ive had young children i would put up an inner garden fence for the children to play within

its only the same as a raised garden

 

[gaz1]

Very well put

A neighbour tried telling me that to drive onto my driveway I had to cross his land, so to avoid legal action we should create a shared drive (he doesn't have room or access) with a covenant that each property has only 1 car.

Once I'd finished laughing I asked how he had measured the boundary. He showed me which resulted in much more laughing.

I told him to bring on the legal action, but reminded him my 20 years in the building trade and his measuring would end up costing him a lot of money.
Never mentioned it again

not my reference thats why i linked to the forum where posted as its a good site

same as you just worse in my parents case as old property nightmare, original owner owned all 5 propertys and owned the land around it

3 land registry visits 1 paid for by us 6 months after moving into the property
disputed land even though next door owned theres before we moved in
land registry failure after 12 years on property where lines was drawn up land registry decided that a part of land wasnt ours during the third dispute as they was after both the shed and piece of land we had water and power in the shed otherwise land registry would have said not our shed issue

so lost land 3ft wide by 9ft long all because land registry said it wasnt in line with the property yet was reegistered with them when we moved into the property

flooding of shed by 3rd owner of property and planted conifers near the boundary wall, now new owner has built raised beds against boundary walls

its never ending to be honest but im glad new regs have come in about trees and shrubs

this will be the next convo with neighbour

If you don’t like the fact that the tree your neighbour recently planted impedes the free flow of light through your windows, there may be good news. If your windows benefitted from uninterrupted exposure to light during the past twenty years or more before the tree was planted, you have the right to ask for it to be felled or moved.

7 garden laws you never knew about

Disputes between neighbours often start with minor niggles that escalate as each side becomes entrenched in their view of what’s right or wrong. If you’d like to stay on the best of terms with the people next door, it pays to know what your legal rights and responsibilities are. Here’s your root...

www.waltons.co.uk

 

[julianf]

The boundary is defined by the title deeds. It never changes even if your neighbour strays over it, that is so long as the MX records are accurate enough, better if there are physical boundary markers like concreted posts which can be used as markers. It is an offence to deliberately remove a boundary marker if it has been specified on a record.

I'm pretty sure that's right. A neighbour (or anyone) might claim "right of way" if a path/gate/access has been in common use without lock/key etc. for a period of time. Ownership of property is a different matter entirely. There are methods for adverse possession but there is a process for that which is more onerous than just fencing off a bit of land and claiming it.

The resolution of landregistry data is not great, is often inaccurate, and sometimes is simply non existent.

When disputes happen, surveyors will look at physical items on the ground.

...like fences.

 

[julianf]

Ps.

I'm not a surveyor. My father was.

He made a good bit of money off boundary disputes.