Boundary Fence Issue
kjavw
Posts: 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?
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?
0
Posts
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...………..
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?
Nor can I face the aggro when I have my fence installed
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!