boundaries and fences

[activeviii]

having a bit of an issue here so after som input from them in the know, not from people that think they know.lol

 

right. 21 years ago we moved into a new build house. the right side is my fence to maintain, left side, older house with a hawthorn hedge is the home on left to deal with.

 

when we moved in the hedge on left was 3 foot high and very sparse, they had a german shepherd that was alway trying to push his way into our garden and none stop barking. couldn't go in the garden without the dog making itself known.

 

after trying to talk nicely to next door neighbour we gave up as it fell on deaf ears. so, as wood back then was free i made 90 foot of 2foot tall picket fencing and installed on the base of hedge. this was now sorted and the dog couldn't get at me or wife so safe garden

 

after this the neighbour stopped cutting the hedge like they use to. before it was every few months and then it ended up once a year. my side was now 4 foot into garden and every time i went cut it they would say they would do it. anyway. in the end my parents would come and cut the hedge as mum was always up for a fight. we never touched the top, just our side of the hedge.

 

over the years we had children, they wanted to be out side playing but after a few occasions of having blackthorn in bare feet we stopped them going that side of the garden. then they had bikes which i was always fixing punchers and balls that went flat. by now the hedge is 8 foot high and a mess.

 

so i had a chat with the guy next door and i mentioned about the problems and would it offend him if i put a 6 foot fence along the hedge line to help with my issues. no problem and he said then that the center of hedge was the boundary line.

turned out he was very approachable but he and the women were having problems, soon after i finish the 6foot of shiplap fencing, which i paid for and put the posts against the hedge with the good looking side facing me, he had moved out of the house and it was just her.

 

well, many years past, she never spoke, went out the way not to speak so we left her to it. then a new guy moved in how was ok to talk to, she even had the odd conversation too, so things were looking up. took the odd parcel in for her, even looked after the place while they went on holiday. she even had me shooting her horse paddock to thin the rabbits.

things where ok. not like the other neighbour but life worked.

 

couple years on her chap moved out but thing still ok, then she had new neighbours on other side and they had 4 kids, this is when it change again, just silly things like park her truck up to the edge of her wall, on the road, just to make it hard for the other couple to get on and off their drive. bearing in mind my neighbour had a 4 car drive with no cars on it.

 

 

well, still with me?

 

now, a couple years ago another chap came and stayed a few nights here and there, then disappeared and then 6 months ago came back. turns out he has his own play 20 miles away so stops a few nights then, as a general builder, goes back home and does a few days work.

 

6 weeks ago he starts cutting the hedge out, all gone. starts sorting her garden for her. then we come home one day to find my armoured cable that ran on the back of the fence, all on my land. is now under the fence by a foot or so. snapped a few shurbs up so it was pushed under with some force.

 

next thing they have painted the other side of the fence, no to much a problem, saves me doing it. nice bright ceder color running down the light brown of my side.

 

 

so, heres my problem.

 

fence is on my land by 1foot. not to worried about that.

hedge has now gone and she it treating the fence as the boundary. not to worried about that.

fence went up 15 years ago. hedge came down 6 weeks ago.

im happy to lose the land, dont care about the cost of fencing. what i do care about is hows boundary line is it now. how looks after the fence line

 

now the hedge has gone i know the fence will not last with the winds we get. she looses a couple of fence panels a year up the front of house.

 

so leaglly, where do i stand.

 

i deally it works if she just takes over the boundary fence and maintenance, after all, on hers and my deeds it will say its hers but she is the stubborn type that will say my fence for me to deal with. i don't want my dogs meeting her new terriers

also bear in mind she is not approachable now and if i can get away without rocking the bot then all good and well.

 

 

 

sorry its a long read but i think full story is needed.

 

 

ATB

Phil

[Bobba]

Now the hedge is gone take the opportunity to re-establish the boundary to its correct position and move the fence back a foot.

[activeviii]

Now the hedge is gone take the opportunity to re-establish the boundary to its correct position and move the fence back a foot.

yes that is one option, 90" with 6" posts and 15 years old is not the best. would be happy is i could just say the now the hedge has gone that they carry on with the boundary maintenance but legally i dont know if i can.

[FalconFN]

I'm not sure I understand the problem, the boundary is still the same but it would be sensible to talk to your neighbour now in order to reestablish the marking of the boundary or to at least get them to acknowledge the fact that the fence does not represent the legal boundary.

 

We've been at our house for nearly 10 years and as I was replacing an ancient fence my neighbour asked me politely to move it 1 foot back as the original fence was in the wrong place. It was so i did, no problem, everyone was happy.

Edited June 12, 2016 by FalconFN

[manthing]

First this is to tell them the boundary hasn't been moved and there is some of your land their side of the boundary, nice and friendly like.

Explain the if it's easier you'll put a demarcation line down with some 4x1 and some pegs as you don't want then wasting money as you will be moving the fence back to your side of the boundary in the near future.

Keep it friendly but if they argue the point as them to prove to you on their deeds where the boundary is as you will be able to scale off rhe deeds to get an exact line. Also puts all the cost at their feet.

At this point keep it friendly.

[activeviii]

i think i have read somewhere that as i put up the fence many years ago it would be for me to take care of it but, as there was a hedge on the other side that only just has been removed then i dont know where i stand. that the bit im trying to work out so there is no surprises if she goes to move one day

[scotslad]

I'd have a quick word with ur lawyer.

 

I would have a word politiely with her mark where the boundry actually is. I take it as fence on left by rights she should pay 100%nfor a new fence on the correct boundry line

[JDog]

The boundary is the boundary no matter where the fence or the hedge are.

 

If it is a newish house the deeds should have an accurate plan attached. Any dispute could easily be settled by reference to the deeds. The Land Registry will have suitable plans for you to refer to.

[foxshooter69]

Had a similar situation about 15 years ago, my dogs chewed the left hand side of my garden fence and was getting into my neighbours garden ( no problem as he he was retired, he used to walk them for me every day ) however I thought I'd do the right thing and put new posts and 3ft high fence panels, done that but he made sure he told me it was his fence and he was responsible for it.

About a year later I decided I was going to remove the fence panels on the opposite side of the garden and put a block wall up, my neighbour that side can be a nuisance sometimes and is an alcoholic but not a violent man just a bit of a pain now and again, so I informed him what I was going to do and he said it was his boundary fence, now I have a dilemma. So had a copy of my deeds which no help as it only shows the boundary, phoned the land registry no help, phoned the council not much more helpful, anyhow turns out after talking to as many relevant people as I needed to talk to if it's a shared boundary demarcation fence/ wall both parties are responsible in equal measures unless it's inside your land boundary and then obviously you are responsible.

[activeviii]

i think i have now found the answers i need. all day on google.

 

fence is on my land, its mine, i erected it, but the boundary, where her hedge was, is still hers.

 

law, as far as i can see, says she must retain her live stock/pets but does not have to put up a boundary fence.

 

but, turns out, she is not allowed to touch the fence in any way as it is criminal damage. its all my fence.

 

so, my best thing is to go and have a chat, get my face chewed off by her and then with luck, leave the fence there and let her manage the new boundary.

 

as she had a hedge there the she can not say that enough time has elapsed for the boundary to have moved by adverse possession. so its either my fence and she has painted it Essex red cedar and i will left her know i will be repainting it to a more suitable colour. blue/yellow/red strips. or she can agree to take over the new boundary as hers and she has to maintain it.

 

 

did i say im very scared of my neighbour. i think she eats children and has a broom

[TIGHTCHOKE]

It was nice having you here for a while, hope it all ends well now you know where you stand.

[oowee]

Boundary is

 

i think i have now found the answers i need. all day on google.

 

fence is on my land, its mine, i erected it, but the boundary, where her hedge was, is still hers.

 

law, as far as i can see, says she must retain her live stock/pets but does not have to put up a boundary fence.

 

but, turns out, she is not allowed to touch the fence in any way as it is criminal damage. its all my fence.

 

so, my best thing is to go and have a chat, get my face chewed off by her and then with luck, leave the fence there and let her manage the new boundary.

 

as she had a hedge there the she can not say that enough time has elapsed for the boundary to have moved by adverse possession. so its either my fence and she has painted it Essex red cedar and i will left her know i will be repainting it to a more suitable colour. blue/yellow/red strips. or she can agree to take over the new boundary as hers and she has to maintain it.

 

 

did i say im very scared of my neighbour. i think she eats children and has a broom

This is correct. Whilst in theory it is damage case would be more trouble than its worth same with fencing obligations and enforcement. The best way forward in all of these cases is to avoid confrontation at all costs.

 

If the fence is shot I would be looking to offer to install a new one for her on the right line with her paying materials, or 50 /50 or doing the lot yourself and clearing the matter and situation up now. If you don't have the cash then go forward with a repaint then you will still risk adverse possession of the land unless you record actions and demonstrate ownership from time to time. Not easy when she plants a border next to the fence.

 

At some point you or they will sell, Neither wants a recorded argument or lack of clarity around boundaries. These things have a nasty way of coming back to bite you.

[Granett]

I agree with the results of your research.

 

Adverse possession has been made much harder to acquire, and she'd need to serve you with notice after which you'd have 2 years to object.

 

I'd be reluctant to give up any land to be honest. If you don't reinstate the original boundary, is there any obvious reference to confirm where that original line was? (eg does that line run straight out froma clear point between your house and hers?

 

Whatever you end up doing, getting anything you can in writing will be massively helpful in the future.

[old man]

Now the hedge is gone take the opportunity to re-establish the boundary to its correct position and move the fence back a foot.

Correct!

 

Reclaim the original as shown on deeds.

[activeviii]

I agree with the results of your research.

 

Adverse possession has been made much harder to acquire, and she'd need to serve you with notice after which you'd have 2 years to object.

 

I'd be reluctant to give up any land to be honest. If you don't reinstate the original boundary, is there any obvious reference to confirm where that original line was? (eg does that line run straight out froma clear point between your house and hers?

 

Whatever you end up doing, getting anything you can in writing will be massively helpful in the future.

 

 

easy top tell the line as the boundary runs from front of house, right down to the end. they replaced the front earlier this year as her old fence was shot. at the end of the garden hers runs 30 meter more. when the hedge went at the end they put up a new fence there. when you look down the line from front to back you can see my fence is over on my side. there is no arguing it, just trying to get it through to her without causing to much grief. she talks to no one around here. sticks her nose up as she drives by. if your out front when she comes home she will sit in her truck waiting for you to not look and then scurried into the house.