I replaced the back fence in my garden, it was in a dilapated state and really worn down. I instructed the tradesmen to install the fence at the original location where it originally was.
Now the neighbour is claiming that I erected an unlawful structure and it is 3 feet into their garden. The fence has been there for 13 years that we know of. I only just moved in this year, and the former owner has been living for 12 years.
Now looking at the the boundary line on the title deeds, it does look like we overshoot by a little bit. But I am now sure how accurate these boundary line are.
How can we resolve this?
We choose concrete post fence, so am worried an additional expense. We feel we have done nothing wrong as we followed the original fence line.
An estate agent managing the property has offered to sell me the land, but I'm not sure if they are trying to sell me my own land.
Are you a tradesperson and able to answer this question?
Although I agree if you put the fence up on their land yes you need to correct this at your cost... However, if you have any photographic evidence showing we’re the fence was and as you have stated the new fence only replaced the boundary that was existing. A boundary that has been there for over a decade in which time has apparently not been disputed (your legal would have picked this up at purchase) I would take legal advice but my understanding that your neighbour has forfeited his right to the title to that small strip and of land.
Answered21 October 2021
1
Anonymous user
A fence that has been up a certain amount of time , becomes the boundary regardless of the deeds. I believe it is 10 yrs , so I would seek legal advice before agreeing to any alternative.
I recently had to remove and reinstate a 150 mtr boundary, because people on a new build had started pushing their garden a little further into land that was now close to development . Pretty sure its 10 yrs , but you may need to check that, but it sounds like you hold the legal highground.
Hope this helps
Hello,
Neighbours are funny sometimes...but from a legal point of view, I would ask a solicitor to look at the deeds and determine exactly how far you are into their land. Unfortunately the law is the law, and if it is their land then I guess they have every right to ask you to move the fence irrespective of when it was put in - boundary lines are boundary lines.
Maybe it would be best to try and negotiate with them first especially if the fence has been there a long time, either way it may cost money but may be cheaper to get a good price for the land then take it legal.
