Chris Bb Posted April 29, 2014 Report Share Posted April 29, 2014 I'm beginning to think that it's only the Ministry of Defence that will ever sort this one out. Quote Link to comment Share on other sites More sharing options...
welsh1 Posted April 29, 2014 Report Share Posted April 29, 2014 I'm beginning to think that it's only the Ministry of Defence that will ever sort this one out. I would use special branch. Quote Link to comment Share on other sites More sharing options...
Doc Holliday Posted April 29, 2014 Author Report Share Posted April 29, 2014 I would use special branch. Congratulations! I'm going to award you first prize for what must surely be the lamest gag on this topic! I'm sorry but that was properly lame, by any standard. I'm afraid there is no actual prize but you have the kudos knowing it will probably never be bested Quote Link to comment Share on other sites More sharing options...
phaedra1106 Posted April 29, 2014 Report Share Posted April 29, 2014 A good Riposte, certainly Foiled his joke, Touché Quote Link to comment Share on other sites More sharing options...
welsh1 Posted April 29, 2014 Report Share Posted April 29, 2014 Sorry Doc, but it was all said in the beginning, you need to establish your boundaries on land registry,if she has built on your land tear it down and give it back to her,the only problem you may have is some old deeds are roughly drawn, as mine were when my neighbour tried to build his shed on a bit of my boundary,it took months of trying to establish the fence line, it was eventually sorted by an aerial photo taken over 30 years ago that i found on line showing the original fencing position.My neighbour stopped talking to me for 5 years(we are all friends now) Boundary disputes can bring out the worst in people and if you go down the legal route a lot of money.find a picture showing the original fence,no one can argue then. Quote Link to comment Share on other sites More sharing options...
norfolk dumpling Posted April 30, 2014 Report Share Posted April 30, 2014 Check deeds carefully and if you know one talk to a friendly surveyor - we had a minor dispute with a prospective new neighbour only to discover we own 18 inches of their long driveway. If we exercised our rights and moved our fence their property would have been severely devalue. It was sorted amicably and the house was sold to other nicer people. Quote Link to comment Share on other sites More sharing options...
steve_b_wales Posted April 30, 2014 Report Share Posted April 30, 2014 Funny I have experienced completely the opposite. If you look out your back door the fence on your left is yours. Unless you are at the end house and you get lumbered for the lot. +1 Quote Link to comment Share on other sites More sharing options...
Mungler Posted April 30, 2014 Report Share Posted April 30, 2014 This is a joker card subject for me. Firstly, the Land Registry is not accurate. Secondly, deeds may not reflect current rights (google Prescriptive Rights and deed of lost modern grant). If I were you follow Fisherman Mike's advice. Failing that get a local expert surveyor on board who specialising in boundary disputes - we have one round our way who I regularly use at work; solid old boy, RICS, card carrying Christian and could probably broker a deal between Palestine and Israel if asked. Here you are having building work (strike one, people are inherently jealous) and you have written a letter (strike two, that has a whiff of legal and if you all hate each other already I can just smell the warmth of the letter you wrote from here like fresh coffee and baked bread, not), she's old and probably hot nothing else to do but look at her mortgage free property, regular pension receipts and think about how delicious 5 years of litigation with you will be and how it'll be way better than the Archers for entertainment. Oh, and get in contact with your conveyancing solicitors and get a copy of your purchase file ASAP and see what the vendors who sold to you had to say about the boundary. Also get onto get mapping and pull aerial photos for the last 50 years to see what's been going on historically. Quote Link to comment Share on other sites More sharing options...
ack-ack Posted April 30, 2014 Report Share Posted April 30, 2014 Neil, pm me your address, if you are within our district i can sort you maps going back donkeys. Quote Link to comment Share on other sites More sharing options...
bruno22rf Posted April 30, 2014 Report Share Posted April 30, 2014 (edited) There is no legal obligation for her to maintain the fence unless the deeds state "must be maintained" next to the boundary-she can tie a string of used Thongs along there if she likes but if you erect a fence along the boundary line you are trespassing-also, if she does not put a fence there and your dog/kids go in her garden you are still committing an offence. Edited April 30, 2014 by bruno22rf Quote Link to comment Share on other sites More sharing options...
Mungler Posted April 30, 2014 Report Share Posted April 30, 2014 You can always spot neighbours who have fallen out - two fences running side by side. Quote Link to comment Share on other sites More sharing options...
Dekers Posted April 30, 2014 Report Share Posted April 30, 2014 There are only generalisations about who owns which side fence...and what about the one at the bottom?You need to check deeds, its the only way to be sure! Quote Link to comment Share on other sites More sharing options...
Dave-G Posted April 30, 2014 Report Share Posted April 30, 2014 Mine are to the right and rear when looking at the rear fence. Being as she disliked you enough to put the fence there in the first place, why not gently help the fence to deteriorate much quicker? She might dislike you even more now and get a replacement put up herself again: Especially if you put some temporary unsightly things just to your side of the fence, like building stuff that you can put off dumping for a while. Quote Link to comment Share on other sites More sharing options...
ack-ack Posted April 30, 2014 Report Share Posted April 30, 2014 You can always spot neighbours who have fallen out - two fences running side by side. ........and two keyed up motors in the road. Quote Link to comment Share on other sites More sharing options...
D_No Posted April 30, 2014 Report Share Posted April 30, 2014 It's such a shame that people have to be difficult, moved in to this house just over a year ago, lovely neighbours both sides, we've all had/having bits and pieces done and just a quick word was all that was needed between us to let each other know. Half of our fence (as you look down the garden its to the left) blew over in the winds, next door cleaned up the mess whilst I was at work, I went round to say thanks, and that we would replace it when the weather picked up. They offered to split costs with us at the time and have done so once more since then despite the fact we all agree it is our fence. I am very lucky I know! Quote Link to comment Share on other sites More sharing options...
Doc Holliday Posted April 30, 2014 Author Report Share Posted April 30, 2014 Ah the perennial boundary fence problem.... Take my advice..go round one evening knock on the door and cordially invite her to discuss the issue. Don't write any more letters or contact the land registry yet...most people in this position find this very confrontational and assume you are formalising it for legal reasons I've dealt with 30 or 40 similar party wall issues and if she is not prepared to open dialogue with you and maintains her original position you will know exactly where you stand. If this should be the case she has already stated in writing that she believes the fence is your boundary so give her written notice that you intend to take down your boundary fence and replace it with a similar one. However If you should consult your deeds or HM land registry and the ownership of the fence is undetermined the law assumes that the side with posts, stays or struts is the owner and responsible for the maintenance. Good luck..try and resolve it without resorting to legal means.... in my experience it will cost you a minimum of £1200 to do this. Mike, she won't answer the door to me hence the letter approach. And the content was fairly cordial, sincere even. The fence is definitely hers as she had it erected some 12 or 14 years ago but she erected it her side of the then boundary 'fence' which was just some angle iron with wire running through, from memory. Part of my question that needs an answer is does her fence now constitute the boundary as it has been up for XX years without dispute? Christ knows where the deeds are. C&G lost them when we transferred the mortgage from them to Nationwide about 10 or so years ago. I have some papers from LR so will have a butchers through them to see what's on them. I assume LR will hold a copy of the deeds? This is a joker card subject for me. Firstly, the Land Registry is not accurate. Secondly, deeds may not reflect current rights (google Prescriptive Rights and deed of lost modern grant). If I were you follow Fisherman Mike's advice. Failing that get a local expert surveyor on board who specialising in boundary disputes - we have one round our way who I regularly use at work; solid old boy, RICS, card carrying Christian and could probably broker a deal between Palestine and Israel if asked. Here you are having building work (strike one, people are inherently jealous) and you have written a letter (strike two, that has a whiff of legal and if you all hate each other already I can just smell the warmth of the letter you wrote from here like fresh coffee and baked bread, not), she's old and probably hot nothing else to do but look at her mortgage free property, regular pension receipts and think about how delicious 5 years of litigation with you will be and how it'll be way better than the Archers for entertainment. Oh, and get in contact with your conveyancing solicitors and get a copy of your purchase file ASAP and see what the vendors who sold to you had to say about the boundary. Also get onto get mapping and pull aerial photos for the last 50 years to see what's been going on historically. House is only 30 years old. Before that it was land belonging to an old farm I believe as the LR papers have the planning applications going back to the late 70's/early 80's. The Mrs has lived there since it was newly built. She does have a much larger garden in proportion to the size of her house and it has always been in the back of mind to buy her house should she ever choke on her Horlicks or Gingernut biscuit and move the fence over, legally. Quote Link to comment Share on other sites More sharing options...
huds78 Posted April 30, 2014 Report Share Posted April 30, 2014 You can always spot neighbours who have fallen out - two fences running side by side. Yep It gives me more business though, some of the stories I hear about neighbours are horrendous !! I had one customer whom planned to screw metal sheets to the rails on his neighbours side of his fence just so it would rust and look awful as he disliked them so much ! Quote Link to comment Share on other sites More sharing options...
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