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Adverse Possession and Your Neighbour's Fence

By: Abigail Taylor - Updated: 8 Dec 2017 | comments*Discuss
 
Adverse Possession Land Fence Property

The most common way of establishing who owns land or for example a boundary fence is to look at the title deeds. Usually there will be a clear demarcation of who owns which part of the land and boundaries.

It is however sometimes possible for the original owners of land to lose their ownership due to another party's adverse possession of it.

What is 'adverse possession'?

Essentially adverse possession is where someone who is not the owner of land possesses (has sole use of) it.

For example:

Farmer A owns the Land X. Farmer B owns Land Y. Part of Land Y (owned by Farmer B) has been used solely by Farmer A for the last 20 years to park his caravan and he built a fence around it can only be accessed from his (Farmer A's land)

This land may be owned by Farmer B according to the title deeds, but Farmer A has had sole use and possession of it for a lengthy period. Ownership of the land has therefore transferred to Farmer A due to adverse possession.

When does adverse possession exist?

I have owned my property for over 25 years. There is an existing fence line put in when the plots were separated in the early 70s. The fence is concrete and wire. I've used and maintained the land and retaining wall to the right of these concrete posts for the past 25 years. Our neighbours now want to enforce the legal boundary and move it effectively further towards the right, claiming the land and wall we have been maintaining. Can they do this or have do I have rights under adverse possession?

The test for adverse possession (as confirmed by the House of Lords in J A Pye (oxford) Ltd v Graham) [2002]) is whether the trespasser has possessed the land for the requisite period.

The 'requisite period' is:

  1. If the land is unregistered - 12 years
  2. If the land is registered but the adverse possession period occurred before 13 October 2003 - 12 years
  3. If the land is registered but the adverse possession period did not occur before 13 October 2003 - 10 years
  4. Note:

    An application to the court for adverse possession is only recommended where the party taking possession does not have an entitlement to neighbouring land. If the party taking possession has rights to a neighbouring land (like Farmer A above), whilst they may have adverse possession, the application that should be made to the court is one to simply alter their and their neighbour's title plans to show the new boundary.

    Application under Options 1 or 2 above (unregistered land or registered land with adverse possession from pre-13 October 2003)

    To show adverse possession, you must prove:

    • That you have factual possession of the land
    • That you intended to possess the land
    • That possession is without the owner's consent
    • That all of the above have been true for at least 12 years prior to the application

    Factual possession is very dependent upon the circumstances of each individual case. However the court has offered the following guidance:

    • The possessor must have exclusive possession of the property
    • The possessor has been dealing with the land in question as an occupying owner might have been expected to deal with it and no one else has done so (eg cutting the grass / maintaining the boundary)
    • Erecting a fence around the land is a positive indicator of adverse possession

    I have a four foot border at the side of my property and have exclusively used this as a flower bed for 27 years. New neighbours have moved in and have claimed that the strip is part of their property. They are demanding that it is returned to them. What can I do?

    A claim can only be brought within 12 years of the right to claim existing*:

    Eg: Going back to our example above, the adverse possession by Farmer A commenced 20 years ago. The right to claim existed after possession for 12 years, so 8 years ago. Farmer A has 12 years from when the right to claim existed to actually make a claim, so now has just 4 years left.

    • 20 years ago - adverse possession commences 1996
    • 8 years ago - 12 year possession complete so right to claim arises 2008
    • 4 years away - 12 year limitation period in which a claim can be made expires 2020

    * There are slightly longer periods for government departments or spiritual organisations taking adverse possession, along with other specific but rare scenarios.

    Application under Options 3 (registered land with adverse possession completing after 13 October 2003)

    You must still prove the same criteria for adverse possession as above, but the relevant period for possession is shorter:

    • That you have factual possession of the land
    • That you intended to possess the land
    • That possession is without the owner's consent and
    • That all of the above have been true for at least 10 years prior to the application

    There are however a number of exceptions that prevent an application under the new regulations being made:

    1. The owner is or has been in enemy territory in the 12 months leading up the application (making it difficult to make an application for adverse possession against anyone in active military service)
    2. The owner is suffering from a mental illness which means that they are unable to make decisions about issues such as possession / maintenance of land
    3. At any point during the 10 years leading up to the application, the owner died and their state was passed on, the owner became bankrupt, or (if the owner is a company) the company was wound up

    The process of making either of the above applications can be tricky, and your claim will be rejected if the forms are not completed correctly and relevant supporting evidence not provided. It is therefore recommended that you contact a lawyer if you are considering a claim for adverse possession; this is an extremely complex area of property law with plenty of exceptions, loopholes and technicalities!

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    Share Your Story, Join the Discussion or Seek Advice..
    We purchased our property in 1986. The house is mortgaged, and on one set of deeds, but the garages to the rear were on separate deeds and we purchased them outright. The garages were part of a plot of a house and garages in the street behind ours.The owners of our house owned the garages and house. In 1978 the owners split the plot,they retained the garages but sold on the house to the tenants who lived there. The land registry shows the boundary between the garages and house as a straight line. In reality though, I am assuming because of the tight access to the garages from the road, the boundary fence between the concrete hard standing in front of our garages and the front of their house, is actually about 2’ over from the corner flank wall of their of house onto the front wall elevation of their house. We have photographic evidence which is dateable to 1990 of the position of the fence. It is as it was when we purchased the property. The house has had several owners over the years but the present owner , since 2007,has just decided the fence should follow his flank wall and has told us to relocate the fence. Can we just apply to the land registry to make a change boundary as an addition to the title deeds based on the length of time we can prove this strip of land has been in our possession and used by us, or do we need to go down the route of adverse possession.
    Krista - 8-Dec-17 @ 7:08 PM
    We purchased our property in 1986. The house is mortgaged, and on one set of deeds, but the garages to the rear were on separate deeds and we purchased them outright. The garages were part of a plot of a house and garages in the street behind ours.The owners of our house owned the garages and house. In 1978 the owners split the plot,they retained the garages but sold on the house to the tenants who lived there. The land registry shows the boundary between the garages and house as a straight line. In reality though, I am assuming because of the tight access to the garages from the road, the boundary fence between the concrete hard standing in front of our garages and the front of their house, is actually about 2’ over from the corner flank wall of their of house onto the front wall elevation of their house. We have photographic evidence which is dateable to 1990 of the position of the fence. It is as it was when we purchased the property. The house has had several owners over the years but the present owner , since 2007,has just decided the fence should follow his flank wall and has told us to relocate the fence. Can we just apply to the land registry to make a change boundary as an addition to the title deeds based on the length of time we can prove this strip of land has been in our possession and used by us, or do we need to go down the route of adverse possession.
    Krista - 8-Dec-17 @ 2:05 PM
    victor - Your Question:
    I own a property in Texas, recently I found out that my neighbor is about 4 feet into my land. There was an existing fence, but the fence is not on the property line as described on my deed. I have lived here for 12 years,the neighbor moved about 7 years ago. By adverse possession, is the land his? Can I reclaim it.

    Our Response:
    We can only really comment on UK related issues unfortunately - we do not know whether other countries' laws are the same as ours.
    ProblemNeighbours - 6-Nov-17 @ 11:05 AM
    I own a property in Texas, recently I found out that my neighbor is about 4 feet into my land. There was an existing fence, but the fence is not on the property line as described on my deed. I have lived here for 12 years,the neighbor moved about 7 years ago. By adverse possession, is the land his? Can i reclaim it.
    victor - 3-Nov-17 @ 10:38 PM
    Ivy - Your Question:
    I erected a fence on the boundarie 10 years ago. My new neighbour says it belongs to him, can this be ?

    Our Response:
    Not if you erected it unless you removed an old one. What do your deeds say about the boundary/who maintains it etc>?
    ProblemNeighbours - 1-Nov-17 @ 12:59 PM
    I erected a fence on the boundarie 10 years ago. My new neighbour says it belongs to him, can this be ?
    Ivy - 30-Oct-17 @ 2:46 PM
    Gladys E - Your Question:
    We own a detached house which we moved into 32 years. Our neighbour to the left moved at virtually the same time. The lawn to the front of our house extended over his property to his driveway and when we first moved in we mowed the whole grass area.After a few months he told us he was digging up the lawn strip on his property because he wanted to define a boundary! He duly dug up the whole lawn down the side of his property between us and planted thick bushes. We were left with what we naturally assumed was our front lawn as he had defined the boundary personally. Since then we have mowed, seeded and tended the whole lawn area as needed for over 31 years with no problems from him. In the summer of this year we realized we needed more parking having acquired another car so extended our driveway by block paving over our existing lawn. The neighbour is now causing us grief saying some of the area where the new block paving is belongs to him namely a large corner at the bottom of the drive towards the footpath. If what he says is true and we do not agree with him it would appear he has the only property in our road where the drive curves at the bottom- everyone else has a straight line. If he wants to escalate the dispute and we suspect he will as he's that sort of character surely by now we can claim adverse possession.

    Our Response:
    Firstly check your deeds, they will include a plan which shows a boundary (which isn't always very detailed but may be of help). That may show that your neighbour is wrong. If not, then yes, there's a chance you could claim adverse possession after this length of time, speak to a solicitor that specialises in this area.
    ProblemNeighbours - 17-Oct-17 @ 12:06 PM
    We own a detached house which we moved into 32 years. Our neighbour to the left moved at virtually the same time. The lawn to the front of our house extended over his property to his driveway and when we first moved in we mowed the whole grass area.After a few months he told us he was digging up the lawn strip on his property because he wanted to define a boundary! He duly dug up the whole lawn down the side of his property between us and planted thick bushes. We were left with what we naturally assumed was our front lawn as he had defined the boundary personally. Since then we have mowed, seeded and tended the whole lawn area as needed for over 31 years with no problems from him. In the summer of this year we realized we needed more parking having acquired another car so extended our driveway by block paving over our existing lawn. The neighbour is now causing us grief saying some of the area where the new block paving is belongs to him namely a large corner at the bottom of the drive towards the footpath. If what he says is true and we do not agree with him it wouldappearhe has the only property in our road where the drive curves at the bottom- everyone else has a straight line. If he wants to escalate the dispute and we suspect he will as he's that sort of character surely by now we can claim adverse possession.
    Gladys E - 16-Oct-17 @ 12:36 PM
    We moved into our property nine years ago. When we moved in our neighbours fence in the back garden, to the right of our property, was already in place and we had concrete fence post left in our garden about 30-40cm away from our neighbours fence. The fence looked as if it as been there for many years. We always assumed that these were ours as why else would they be there. They now have mostly been removed apart from one at the very back of the garden. We have created flowers beds going up to our neighbours fence. After a dispute over the front fence, we have discovered that the our neighbour deeds state that it is actually her side of our fence, unfortunately we have nothing drawn on our deeds. She is now stating that she wants her original boundry back, as is stated on her deeds. She is having a new fence put in the back garden and wants to put it in place of the original fence posts that she had original left in our garden and has told us to remove any plants or they will be damaged when she has her new fence erected. Just wondering where we stand on this. I am pretty sure that the fence would have there well over 12 years.
    H.P - 15-Oct-17 @ 10:33 PM
    We moved into our property nine years ago. When we moved in our neighbours fence in the back garden, to the right of our property, was already in place and we had concrete fence post left in our garden about 30-40cm away from our neighbours fence. The fence looked as if it as been there for many years. We always assumed that these were ours as why else would they be there. They now have mostly been removed apart from one at the very back of the garden. We have created flowers beds going up to our neighbours fence. After a dispute over the front fence, we have discovered that the our neighbour deeds state that it is actually her side of our fence, unfortunately we have nothing drawn on our deeds. She is now stating that she wants her original boundry back, as is stated on her deeds. She is having a new fence put in the back garden and wants to put it in place of the original fence posts that she had original left in our garden and has told us to remove any plants or they will be damaged when she has her new fence erected. Just wondering where we stand on this. I am pretty sure that the fence would have there well over 12 years.
    H.P - 15-Oct-17 @ 8:59 AM
    AStupidOldFool - Your Question:
    The boundary of my property on paper is a straight line but in reality was made of two fences that were not straight so I replaced one bit changing the line to make it completely straight. I did not expect my neighbour to care and if he did there was not a lot that could be done about it as it was my word against his. Unfortunately for me he took photographs of the boundary when he first bought the property that I did not know about. After seeing the pictures I moved that bit of the fence back but now he is claiming that the other part of the fence is wrong and I am still trespassing on his land and he wants that fence moved too. If I move the fence I will lose 2 metres of my property all the way along the side boundary for 40 metres. My property is only 10 metres wide. There are no proper defined boundaries, which was the reason I moved the line to start with to make the fence straight.My neighbour has compiled some photographs and evidence that makes it look like the fence is in fact in his property and he has formally asked me to move it making it line up with the other fence saying if I do not move it he will see me in court. I spoke to a solicitor and he has suggested getting a survey and then a compromise. As the survey will probably work against me I suggested a compromise but my neighbour is not interested and is claiming that as I recently moved the fence I had previously moved that fence too. I did not move that fence but did have it replaced some twenty years before. I am not sure if my neighbour will take the matter to court but if he does I fear I will lose. Can I claim adverse possession and if I do would that be classified as admittance of not owning the property? Based on all the above will I lose? Could the judge find me guilty of trespassing and if so what could I be fined? Would I be made to pay the costs? What is the best course of action?

    Our Response:
    If part of the fence that your neighbour refers to has been in place for twenty years and has not been moved, then you may have a case for adverse possession. We can't say whether you would lose or win unfortunately, you'd need to seek professional legal advice on that. It's unlikely you would be fined for trespass for something you've been doing for the past twenty years.
    ProblemNeighbours - 15-Sep-17 @ 11:35 AM
    The boundary of my property on paper is a straight line but in reality was made of two fences that were not straight so I replaced one bit changing the line to make it completely straight.I did not expect my neighbour to care and if he did there was not a lot that could be done about it as it was my word against his.Unfortunately for me he took photographs of the boundary when he first bought the property that I did not know about.After seeing the pictures I moved that bit of the fence back but now he is claiming that the other part of the fence is wrong and I am still trespassing on his land and he wants that fence moved too.If I move the fence I will lose 2 metres of my property all the way along the side boundary for 40 metres.My property is only 10 metres wide.There are no proper defined boundaries, which was the reason I moved the line to start with to make the fence straight. My neighbour has compiled some photographs and evidence that makes it look like the fence is in fact in his property and he has formally asked me to move it making it line up with the other fence saying if I do not move it he will see me in court.I spoke to a solicitor and he has suggested getting a survey and then a compromise. As the survey will probably work against me I suggested a compromise but my neighbour is not interested and is claiming that as I recently moved the fence I had previously moved that fence too.I did not move that fence but did have it replaced some twenty years before.I am not sure if my neighbour will take the matter to court but if he does I fear I will lose. Can I claim adverse possession and if I do would that be classified as admittance of not owning the property? Based on all the above will I lose?Could the judge find me guilty of trespassing and if so what could I be fined?Would I be made to pay the costs?What is the best course of action?
    AStupidOldFool - 12-Sep-17 @ 11:02 PM
    Bobby - Your Question:
    We have recently replaced our fence. The fence was placed in exactly the same place using the same holes and the same demarcation line. The original fence had been in the same position for over 50 years. After concreting in the posts and beginning to replace the slats our neighbour informed us that the fence was on his land according to his deed and the original fence had been placed on the wrong demarcation line. My deeds for the plot my house is on state that my land is "50 feet or thereabouts" wide. I have measured my plot width and found it to be 49ft 8 inches to 50ft 8 inches wide at the two extremities. We have since stopped work replacing the fence until this is resolved.To make it easier to maintain the fence we erected it with the posts on his side , although the fence is our responsibility. This actually gives him more land.Can he make us move our fence, or turn around the panels so the posts are on our side? We have lived in the house for 17 years and this is the first we have heard of a fence complaint.

    Our Response:
    After all this time and the fact that the origianl fence position had been in place for 50 years, it's unlikely that any action taken by your neighbour will be successful. If anything you could apply for adverse as per the above article, but if the fence is on your boundary as described in your deeds ("or thereabouts") you probably won't evenneed to.
    ProblemNeighbours - 21-Aug-17 @ 12:38 PM
    We have recently replaced our fence. The fence was placed in exactly the same place using the same holes and the same demarcation line. The original fence had been in the same position for over 50 years. After concreting in the posts and beginning to replace the slats our neighbour informed us that the fence was on his land according to his deed and the original fence had been placed on the wrongdemarcation line. My deeds for the plot my house is on state that my land is "50 feet or thereabouts" wide. I have measured my plot width and found it to be 49ft 8 inches to 50ft 8 inches wide at the two extremities. We have since stopped work replacing the fence until this is resolved. To make it easier to maintain the fence we erected it with the posts on his side , although the fence is our responsibility. This actually gives him more land. Can he make us move our fence, or turn around the panels so the posts are on our side? We have lived in the house for 17 years and this is the first we have heard of a fence complaint.
    Bobby - 17-Aug-17 @ 4:09 PM
    Dale - Your Question:
    Advice please:My parents live in a freehold house in England. We have lived there for 40 years, as have our neighbours, who also own a detached freehold house. 3 years ago, the neighbour employed some people to repair the fence which demarcates our 2 properties. In doing so, they moved the border, by about 25cms, so that the new border, was formed by the side wall of our garage.My father had died a month or 2 before this, so the house passed to my mothers possession.I noticed that the fence had moved and the neighbours son apologised and moved the slats from the front of the post to the rear ie. by about 4 cms.The neighbour was old, so I said it was ok as a temporary measure, knowing that much of the rest of the fence was in poor condition and would therefore need replacement and assumed that its position would be corrected at that time.I went away and on my return, I noticed, that the rotten parts of the fence had been replaced, but the erroneously sited part of the fence, has not been re-sited.I have asked the neighbours son to now do this, but his mother, though she said 'its only a small bit of land' has refused to do this.I have put the request in writing. H ow should I proceed and can I physically have the fence post and fence removed ? If so can I bill them for this work and who is liable for the damage that would occur in moving the fence ? Thanks!

    Our Response:
    Is there a fence mentioned in the deeds? If the boundary line is clear and accurate, the neighbour has effectively trespassed by erecting a fence on your land. You could potentially have it removed and bill them for the cost, but is it really worth it? It might be worth considering mediation first. Is 25 cm really worth getting upset about? Is the fence joint repsonsibilty? If so, should you have been involved/offered payment when the fence was first "repaired"? Sorry there'salot of information we don't have here, so you may be better to consult a professional boundary specialist.
    ProblemNeighbours - 14-Aug-17 @ 12:23 PM
    Advice please: My parents live in a freehold house in England. We have lived there for 40 years, as have our neighbours, who also own a detached freehold house. 3 years ago, the neighbour employed some people to repair the fence which demarcates our 2 properties. In doing so, they moved the border, by about 25cms, so that the new border, was formed by the side wall of our garage. My father had died a month or 2 before this, so the house passed to my mothers possession. I noticed that the fence had moved and the neighbours son apologised and moved the slats from the front of the post to the rear ie. by about 4 cms. The neighbour was old, so I said it was ok as a temporary measure, knowing that much of the rest of the fence was in poor condition and would therefore need replacement and assumed that its position would be corrected at that time. I went away and on my return, I noticed, that the rotten parts of the fence had been replaced, but the erroneously sited part of the fence, has not been re-sited. I have asked the neighbours son to now do this, but his mother, though she said 'its only a small bit of land' has refused to do this. I have put the request in writing. H ow should I proceed and can I physically have the fence post and fence removed ? If so can I bill them for this work and who is liable for the damage that would occur in moving the fence ? Thanks!
    Dale - 11-Aug-17 @ 5:42 PM
    Trevor - Your Question:
    My crucial question is: can Adverse Possession be used to acquire land containing the foundations/footings of a neighbouring property?MOo

    Our Response:
    You may find an answer to your question on Jon Maynard's website which has a whole mine of information, really well explained. This part relates to party walls but might help:
    "(6) Where the building owner builds a wall wholly on his own land in accordance with subsection (4) or (5) he shall have the right, at any time in the period which -
    (a) begins one month after the day on which the notice mentioned in the subsection concerned was served, and
    (b) ends twelve months after that day
    to place below the level of the land of the adjoining owner such projecting footings and foundations as are necessary for the construction of the wall.
    (7) Where the building owner builds a wall wholly on his own land in accordance with subsection (4) or (5) he shall do so at his own expense and shall compensate any adjoining owner and any adjoining occupier for any damage to his property occasioned by -
    (a) the building of the wall;
    (b) the placing of any footings or foundations placed in accordance with subsection (6).
    The Act requires the serving on an adjoining landowner of a 'party structure notice' and the option for the adjoining landowner to serve either a consent notice or a 'counter notice' which specifies additional works required. It also makes provisions in respect of excavations within a specified distance of neighbouring structures.
    Because the works that are covered by the Act may engender a dispute between neighboring landowners the Act also makes provision for the resolution of those disputes by the appointment of surveyors."
    ProblemNeighbours - 9-Feb-17 @ 2:13 PM
    Trevor - Your Question:
    I built a new larger garage in 1984. Building regulations then applying required me to keep the foundations within the property line, AND the walls had to be centred on the footings. Thus the outside of the wall is about 33 cm from the property line. A new neighbour to the rear moved in in 2004, and offered to replace the wall plus fence forming the remainder of the division between us. I pointed out to him that the property line behind my garage was well behind it, and lined up with adjacent property lines, as shown on the Land Registry maps. Also it was shown on the Land Registry map he used in submitting plans for other alterations to his house. That was the only contact I had with him since he moved in. on February he started building some sort of shed encroaching ONTO the 33 cm wide strip, and attaching it to my garage wall. My solicitor wrote to him before the end of February telling him to remove his shed from my land, and to remove any attachment, making good any damage. He replied that he was claiming that strip of my land by Adverse Possession.however he had been sent several letters of objection before he had owned the house 12 years.There are two separate issues here: (1) Can Adveerse possession be applied to land containing a neighbours foundations (thereby putting them at risk)?(2) Can he be made to remove his attachment(s) from my wall? Unless he gained the land by Adverse Possessionit would not be a Party Wall. My solicitor is advising that many diferent outcomes are possible , ranging from me winning, but having to pay my own costs ( plus some of his,).Even if I give up now it will have cost me several thousand. I think the answer to (1) is crucial. Thank you.

    Our Response:
    You should really take advice from your solicitor on this. Your neighbour should certainly not have attached anything to your property (this can constitute criminal damage). Adverse possession must be claimed through the Land Registry and you will be given the opportunity to serve a counter notice, so it may not go to court (or be as costly). We're not sure about the issue with adverse possession in relation to the footings of a property but we'll post if we find anything further.
    ProblemNeighbours - 9-Feb-17 @ 1:58 PM
    My crucial question is:can Adverse Possession be used to acquire land containing the foundations/footings of a neighbouring property?MOo
    Trevor - 8-Feb-17 @ 12:10 PM
    I built a new larger garage in 1984. Building regulations then applying required me to keep the foundations within the property line, AND the walls had to be centred on the footings. Thus the outside of the wall is about 33 cm from the property line. A new neighbour to the rear moved in in 2004, and offered to replace the wall plus fence forming the remainder of thedivision between us. I pointed out to him that the property line behind my garage was well behind it, and lined up with adjacent property lines, as shown on the Land Registry maps. Also it was shown on the Land Registry map he used in submitting plans for other alterations to his house. Thatwas the only contact I had with him since he moved in. on February he started building some sort of shed encroaching ONTO the 33 cm wide strip, and attaching it to my garage wall. My solicitor wrote to him before the end of Februarytelling him to remove his shed from my land, and to remove any attachment, making good any damage. He replied that he was claiming that strip of my land by Adverse Possession..however he had been sent several letters of objection before he had owned the house 12 years. There are two separate issues here: (1) Can Adveerse possession be applied to land containing a neighbours foundations (thereby putting them at risk)? (2) Can he be made to remove his attachment(s) from my wall? Unless he gained the land by Adverse Possessionit would not be a Party Wall. My solicitor is advising that many diferent outcomes are possible , ranging from me winning, but having to pay my own costs ( plus some of his,) .Even if I give up now it will have cost me several thousand. I think the answer to (1) is crucial. Thank you.
    Trevor - 8-Feb-17 @ 11:20 AM
    gillianetta - Your Question:
    We decided to replace our fences, front and back, and asked for no money from our adjoining neighbours.We share a drainpipe and drain in between our back wall, and so our fencing man had to place the fence over on their side attached to a concrete post, as the underground drains were on our side. She has objected most strongly and insisted we move to exactly on the boundary.This means cutting the concrete base and butting it up to the drain, and making a special bracket to wrap around the drainpipe on order to attach the fence. We have agreed to do this, again, at our expense. The bracket will have to be fixed on both our walls. She is never happy with what we do. Can she still object after we've gone to the exact half of our boundary? Do we really have to do this in the first place anyway, as it was only because of a shared drain. Our fencer told us that this is how it has to be done., as do most gardens do.

    Our Response:
    What was the fence attached to before? Who owns the fence/has responsibility ? (This will be on your deeds). You cannot attached anything to your neighbour's property or land without their permission. Check your title deeds to establish answers to the above.
    ProblemNeighbours - 1-Dec-16 @ 12:16 PM
    gillianetta - Your Question:
    We decided to replace our fences, front and back, and asked for no money from our adjoining neighbours.We share a drainpipe and drain in between our back wall, and so our fencing man had to place the fence over on their side attached to a concrete post, as the underground drains were on our side. She has objected most strongly and insisted we move to exactly on the boundary.This means cutting the concrete base and butting it up to the drain, and making a special bracket to wrap around the drainpipe on order to attach the fence. We have agreed to do this, again, at our expense. The bracket will have to be fixed on both our walls. She is never happy with what we do. Can she still object after we've gone to the exact half of our boundary? Do we really have to do this in the first place anyway, as it was only because of a shared drain. Our fencer told us that this is how it has to be done., as do most gardens do.

    Our Response:
    What was the fence attached to before? Who owns the fence/has responsibility ? (This will be on your deeds). In general you should not affix or place anything on your neighbour's property/land.
    ProblemNeighbours - 1-Dec-16 @ 12:03 PM
    We decided to replace our fences, front and back, and asked for no money from our adjoining neighbours.We share a drainpipe and drain in between our back wall, and so our fencing man had to place the fence over on their side attached to a concrete post, as the underground drains were on our side. She has objected most strongly and insisted we move to exactly on the boundary.This means cutting the concrete base and butting it up to the drain, and making a special bracket to wrap around the drainpipe on order to attach the fence. We have agreed to do this, again, at our expense. The bracket will have to be fixed on both our walls. She is never happy with what we do. Can she still object after we've gone to the exact half of our boundary? Do we really have to do this in the first place anyway, as it was only because of a shared drain. Our fencer told us that this is how it has to be done., as do most gardens do.
    gillianetta - 30-Nov-16 @ 1:26 PM
    We have lived in our house for the last 16 years. The fence to the rear of the property was already erected when we purchased the house. We are trying to sell our house and have discovered that the fence is encroaching on the neighbours land by 1.5/2 metres Our land is unregistered. Theirs is registered.What are our options? We live in Northern Ireland
    Bro - 20-Nov-16 @ 1:51 PM
    There is some land to the rear of our house which used to be leased by the previous owners of the house next door. The present ownersdid not renew the lease to use the land with the land owner. We bought our house 2 years ago and have seen the current owners habitually dump their garden waste and dog faeceson this land and the land has not been maintained. We have been in negotions to have a new lease drawn up for us to use the land. Is the next door neighbour commiting an offence ? There isn't a boundary fence and part of the lease will state that that we are to erect a fence, when we do, our builder says he's watched the neighbour do this and intends returning their waste to their own garden. Are we within our rights?
    Madre - 28-Oct-16 @ 11:01 AM
    Luke - Your Question:
    I live in a mid-terraced house which I have owned for the last 10 years. All of the gardens in the street are different as in the war era people were advised to obtain land and grow food. My issue is with the state of the council area out of the back of my garden, this patch of land has had garden and possibly other types of waste/rubbish dumped on it so it is impossible to cut the grass with a grass cutter. The council have never cut it from as far as I can remember, and definitely not in the 10 years that I have owned the property. Also it is only the area outside of my garden that has been affected.The council have not tried to (or don’t want to) cut the grass, remove long weeds and nettles, so to stop damage to my fence and to not let the area become an eyesore I have maintained the area by strimming the grass and weeds etc and using weed killer to try to prevent regrowth which doesn’t work. As the area is not my own I have not wanted to spend a great deal of money on it as in my eyes it’ll only benefit the council by enabling them to cut the grass properly. The area is that bad you're unable to cut the grass properly it would need to be dug out and re-laid as it is that lumpy and raised up.I phoned the council last year to complain of the state of the area as there was a wheelie bin and other things dumped there, they took away the wheelie bin and that was it, the area is still in the same eyesore state.Although I have owed the property of 10 years I have not lived there that long, as I moved out when I separated from my ex-wife, I have only been back in the house for the last 2 years or so when I obtained it back.I would like to erect a fence and bring it in line with my next door neighbour’s garden this would make the area look much neater and tidy.I feel that if it was enclosed and part of my garden I would feel the benefit of putting this work and money into the area.My only concern is if I spend money on erecting a fence and organising the area into my garden, the council may then complain and tell me to remove the fence, even though they have not maintained the area and possibly would not even after the fence was removed.Would the council be able to do this even though they have not maintained the area for well over ten years?Many thanks

    Our Response:
    If you could prove that you have been maintaining and using the area yourself for over 12 years you may be able to claim adverse possession. It might be worth putting a very simple fence up (cheap wire - or even plasticevent tape and a few posts) and then doing some basic maintenance. If the council reacts to this, you should politely ask them to do something about its state. If they do not, make a complaint to your MP. The other alternative would be to check with the Land Registry, confirm that the council owns it and offer to purchase it so your garden is line with your neighbours. They should not charge much for a piece of land that is essentially no use for any other purpose. If the land is not registered (this doesn't mean it's not owned by anyone - as it could be Crown or church land that's simply never been sold so is not on the register) you could simply start using it and again try and claim adverse possession.
    ProblemNeighbours - 21-Oct-16 @ 10:54 AM
    I live in a mid-terraced house which I have owned for the last 10 years. All of the gardens in the street are different as in the war era people were advised to obtain land and grow food. My issue is with the state of the council area out of the back of my garden, this patch of land has had garden and possibly other types of waste/rubbish dumped on it so it is impossible to cut the grass with a grass cutter. The council have never cut it from as far as I can remember, and definitely not in the 10 years that I have owned the property. Also it is only the area outside of my garden that has been affected. The council have not tried to (or don’t want to) cut the grass, remove long weeds and nettles, so to stop damage to my fence and to not let the area become an eyesore I have maintained the area by strimming the grass and weeds etc and using weed killer to try to prevent regrowth which doesn’t work. As the area is not my own I have not wanted to spend a great deal of money on it as in my eyes it’ll only benefit the council by enabling them to cut the grass properly. The area is that bad you're unable to cut the grass properly it would need to be dug out and re-laid as it is that lumpy and raised up. I phoned the council last year to complain of the state of the area as there was a wheelie bin and other things dumped there, they took away the wheelie bin and that was it, the area is still in the same eyesore state. Although I have owed the property of 10 years I have not lived there that long, as I moved out when I separated from my ex-wife, I have only been back in the house for the last 2 years or so when I obtained it back. I would like to erect a fence and bring it in line with my next door neighbour’s garden this would make the area look much neater and tidy. I feel that if it was enclosed and part of my garden I would feel the benefit of putting this work and money into the area. My only concern is if I spend money on erecting a fence and organising the area into my garden, the council may then complain and tell me to remove the fence, even though they have not maintained the area and possibly would not even after the fence was removed. Would the council be able to do this even though they have not maintained the area for well over ten years? Many thanks
    Luke - 20-Oct-16 @ 2:46 PM
    chuffa - Your Question:
    I live in a semi-detached house and have done so for the last 25 years. We have had a young couple move in next door and want to rip all the tiling off the front of the house. I believe that it would not be in keeping with the rest of the road, it would make our home vunerable to the elements and would make the block look odd. Do I have a claim in court to stop this.

    Our Response:
    Firstly check with your local planning office. Sometimes changes the frontage of a property requires permission etc. If you home will be more vulnerable to the elements as a result of the work, get a surveryors report that backs this up, and take it to a solicitor for advice.
    ProblemNeighbours - 19-Oct-16 @ 12:25 PM
    I live in a semi-detached house and have done so for the last 25 years.We have had a young couple move in next door and want to rip all the tiling off the front of the house.I believe that it would not be in keeping with the rest of the road, it would make our home vunerable to the elements and would make the block look odd.Do I have a claim in court to stop this.
    chuffa - 18-Oct-16 @ 6:27 AM
    I have lived in my property for a year with no trouble up to now. I erected a low fence around my front garden, but not the perimeter. There is a gravel line (about 2ftwidth)running down both sides that is my property but not fenced in. This was done on purpose because I want to plant a rose garden up one side. The problem I am having now is that one of my neighbours has started putting their ladder on my gravel line. I have moved it twice and do intend talking to them about it, but just want some legal advise please.
    advise - 2-Sep-16 @ 11:33 AM
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