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Boundary Fence Issue

kjavwkjavw YorkshirePosts: 14
Myself and a neighbour have been gifted some land that runs across the bottom of our existing land, thereby extending the length of our current gardens.  We agreed between us the measurements for the split of the land and each sent this to our mutual solicitor independently . The transfer of ownership has been signed by all concerned.  It was agreed that I would provide (at my expense) a boundary fence for us both as I was refencing my entire garden but this was not put in writing.

I arrived in my garden a couple of weeks ago to find my neighbour had put a fence up, constructed of wire with thin metal fence posts, its flimsy, has significant gaps under it, the gaps are blocked with broken breeze block and carrier bags full of stones and its on my land for a significant part of it.  I have no idea why she has done this as we have always been on good terms.  

The fence is not  even either, encroaching on my land by some 45cm at certain points, its shaped like a banana that's been crimped!  Nor is it safe for kids to be around, the dogs can get through it, I have no privacy and it looks terrible.  During the installation of the fence, her fencers sledgehammered some concrete edging that was on my side of the agreed split.  I have tried being amicable but she won't budge.  She says that it is exactly on our boundary as it is a shared boundary fence.  Firstly its not on the boundary for most of its length, its on my land, but  surely we have to agree a shared fence and that doesn't give her the right to sledge hammer my concrete border edges?

She has also attached each end to the fence that runs along the bottom boundary of our gardens, (my half of which is coming down) and she says that I will have to pay for a fence post to put her wire fence on when I taken the rotten fence down we have both inherited and replace it with a posh concrete one.

Any advice?
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  • hogweedhogweed Central ScotlandPosts: 4,037
    All I can suggest is that you double check the measurements that were sent to each of your solicitors and then remeasure the land with your neighbour to determine the boundary. And then immediately hammer in sturdy 2 foot posts to mark the line. 
    Boundary issues are notoriously laborious, costly and stressful. You have my sympathy as I have just 'given away' 18inches all down one of my boundaries - basically because I just couldn't put up with the hassle...………..
    'Optimism is the faith that leads to achievement' - Helen Keller
  • kjavwkjavw YorkshirePosts: 14
    hogweed said:
    All I can suggest is that you double check the measurements that were sent to each of your solicitors and then remeasure the land with your neighbour to determine the boundary. And then immediately hammer in sturdy 2 foot posts to mark the line. 
    Boundary issues are notoriously laborious, costly and stressful. You have my sympathy as I have just 'given away' 18inches all down one of my boundaries - basically because I just couldn't put up with the hassle...………..
    Sadly she does not dispute the measurements, she just isn't interested!  Whilst I was away last week she involved the neighbour on my other side and got him to measure up and he confirmed what I was saying and told me about it via a letter thru my post box when I returned in the interest of openness....she shows no sign of budging.  
  • HelixHelix 704m altitude...Posts: 631
    Perhaps the most stress free solution would be to put up your own straight fence just inside hers and mask it?  If the land was gifted to you then losing 45 cm, and having a dog leg in it, is perhaps a small price to pay for a quiet life? 

    Sometimes in life it’s best to take a deep breath and move on.  You know you are right, we know you are right, and if there any powers that be then they will also know you are right.  But trying to budge this person might end up with sour neighbour relations for the next 20 years.  Is it worth it?
  • Hostafan1Hostafan1 Posts: 31,600
    if it's "flimsy" simply remove what's on your land and lay it on hers
    Devon.
  • kjavwkjavw YorkshirePosts: 14
    Helix said:
    Perhaps the most stress free solution would be to put up your own straight fence just inside hers and mask it?  If the land was gifted to you then losing 45 cm, and having a dog leg in it, is perhaps a small price to pay for a quiet life? 

    Sometimes in life it’s best to take a deep breath and move on.  You know you are right, we know you are right, and if there any powers that be then they will also know you are right.  But trying to budge this person might end up with sour neighbour relations for the next 20 years.  Is it worth it?
    You are right of course but I would still like to know if I am legally in the right. The relationships is already doomed as I clearly cannot trust her.  She sent me an email saying we were both upset so why not just forget all about it and get back to being friends as before!!! Nothing more guaranteed to enflame the situation.  She even threw  bush clippings over the fence yesterday for no apparent reason.  I have no idea what is going on I her head, its so unexpected. I've even considered she may have dementia as she is in her 70's.
  • kjavwkjavw YorkshirePosts: 14
    Hostafan1 said:
    if it's "flimsy" simply remove what's on your land and lay it on hers
    Don't think I wasn't tempted but for the 8 posts she has put in, 6 are clearly on my land and two are exactly on the boundary, is it a criminal offence to do so?  What if she then does tit for tat and pulls my fence down (when I have one installed).....where will that get us, except more out of pocket.  I am gutted that people can do this and I have no way of asserting my legal rights without spending money on legal advice.

    Nor can I face the aggro when I have my fence installed
  • Hostafan1Hostafan1 Posts: 31,600
    damned if you do, damned if you don't it seems
    Devon.
  • HelixHelix 704m altitude...Posts: 631
    Boundary issues are hugely complicated!  When my mother died and we needed to register the house in our names we discovered that part of her garden actually officially belonged to a neighbour, although there had been an agreement over the fence line some 25 years previously with the neighbour at that time.  It took forever to sort it out, and luckily the current neighbours ended up being ok about it (eventually) and agreed the change.  Had we not been able to do so then the land registry would not have allowed us to have the house in our names, which would have been a nightmare! 

    I think that there are possible different ways to go.  One might be to send a registered (solicitor’s?) letter to her saying that whilst you accept that she has put up this fence it doesn’t alter the fact that the agreement was that the boundary should run from x - y.  And that should the land be sold at any point that is what you will wish to be put back in place.  So you would have that to reassure you, and if you wanted to sell your house.  But do be aware that you really don’t want to escalate this as if you sell your house you have to declare if there are any neighbour problems or boundary disputes! 

    The other approach, which could end up costing you money, is to see if you can register the boundary.  Step one is finding out if your current property is registered in the first place.  If it is then perhaps doable.  Have a look at this: 

    https://www.gov.uk/your-property-boundaries/apply-exact-boundary-determined

    But as already said it’s a choice between devil and deep blue sea! 
  • TheveggardenerTheveggardener Posts: 1,057
    Do you have legal protection on your building insurance. If you do I would advise you speak to them and explain what she has done, I would also take some photos. I had  to do this about twenty years ago when our neighbour took down our fence and moved it over about 18 to 20 inches. I asked him to move it back but he refused so I spoke to my insurance company and they put me in touch with one of their legal team. As I had already spoken to the neighbour and he refused to do anything they sent him a letter, soon after that letter the fence was again taken down and I got my land back. I didn't have to pay anything and I would also have been cover if it had gone to court. Worth checking your insurance policy.
  • kjavwkjavw YorkshirePosts: 14
    NannaBoo said:
    Do you have legal protection on your building insurance. If you do I would advise you speak to them and explain what she has done, I would also take some photos. I had  to do this about twenty years ago when our neighbour took down our fence and moved it over about 18 to 20 inches. I asked him to move it back but he refused so I spoke to my insurance company and they put me in touch with one of their legal team. As I had already spoken to the neighbour and he refused to do anything they sent him a letter, soon after that letter the fence was again taken down and I got my land back. I didn't have to pay anything and I would also have been cover if it had gone to court. Worth checking your insurance policy.

    Thank you, I had thought about this but worried about two things! Whether it would be affected by the fact that we had only just acquired the land so whether it would be covered and how it would affect the insurance premiums going forward but certainly worth a call!
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