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Establishing Rights Over Fences & Boundaries

By: Abigail Taylor - Updated: 10 Feb 2017 | comments*Discuss
 
Fence Disputes Neighbours Boundary

Adjoining neighbours can sometimes get into a dispute about the position and ownership of a particular boundary, be it a fence, wall, barrier or some other kind of boundary line. Often the Boundary Disputes will arise when one party wishes to use part of the land for something particular and the adjoining neighbour opposes that on the grounds that the other is encroaching upon their land.

Alternatively, arguments also arise where damage has been done to a particular fence or wall, for example, which then needs repair and the decision over who is going to foot the bill.

How to Establish the Boundary Lines

Usually, the most common way of establishing boundary lines is to check the deeds of the properties involved and, more often than not, there will be a clear demarcation of exactly where the boundaries are. However, this is not a foolproof method as previous owners of the houses concerned may have agreed to alter the boundaries for one reason or another yet have not informed the Land Registry.

Another point to consider is where one party has been using the disputed area of land continuously for the past 12 years. This is something that is termed as 'adverse possession'. It can be quite complex to understand and in this situation, it's better to seek legal advice if the dispute cannot be resolved amicably.

Establishing Boundary Areas Which Aren't on the Deeds

There are certain boundary areas that will not be included within the deeds, such as party walls, hedges and ditches and fences. Most of the time it's simply presumption that determines who owns what and whose responsibility it is to maintain certain boundaries or barriers.

Common presumptions:

  • A fence where the posts are supported on one side would be the responsibility of the person whose side contained the posts
  • If two properties are divided by a hedge and a ditch, the person whose side the hedge is on is responsible as the rightful owner, although there's no presumption if there's a hedge only
  • Interior walls which separate a semi-detached property are usually deemed to be the responsibility of both parties, and any repairs which might be needed are, in most instances, divided between both parties if the damage affects both sides

If you wish to fix an exact boundary, you need to:

  1. Try to agree any unclear areas with your neighbours and all sign an agreement to that effect
  2. Ask a surveyor to draw up a detailed plan
  3. Send both the signed agreement and detailed plan to the Land Registry, along with a completed application (https://www.gov.uk/government/publications/exact-line-of-boundary-registration-db), and your application fee (£90)

If you can't agree the boundary line, there are steps that you can take to determine the boundary (see below).

Ways to resolve your dispute

There are several ways in which you can attempt to resolve any issues you have over boundaries:
  • Amicable discussion
  • Mediation
  • Adjudication
  • Courts
Here's an overview of what's involved in each of the above:

Amicable discussion

Disputes over boundaries and your rights can run into several thousand pounds and even six figure sums in more complex cases should you decide to take the matter to court. This can cause immense stress.

The best way to resolve any boundary issues is to try to reach an agreement between both parties. Once an agreement is reached, you can inform the Land Registry of the agreement and fix the boundary. However this comes at a cost, and it may be that you and your neighbour can resolve the issue without needing to formally "fix" the boundary line.

Mediation

In mediation, an independent person is jointly appointed by both parties to "police" discussions. It is very much up to the two sides to reach an agreement. Having someone to help ensure that discussion stays on relevant issues can help with this, but both parties need to approach the discussions with a genuine intent to resolve the matter and appreciate that this will involve some compromise on both sides.

This can be a great and comparatively cheap way to reach an agreement that all parties are happy with. Further, the Courts will often stay (put on hold) proceedings to give parties chance to try to reach a settlement via this method. However the "down side" of mediation is that either party can walk away at any point, and so there is no guarantee that the problem will be resolved.

Should you wish to undertake mediation, an RICS accredited mediator (who specialises in boundary disputes) can be found at http://www.ricsfirms.com/accreditations/mediationaccreditationscheme.

Adjudication

Adjudication involves both parties jointly appointing an independent expert who will decide the dispute for you. Both parties agree to be bound by the adjudicator's decision. Many barristers chambers offer this service.

The advantage of adjudication is that it is speedier than trying to resolve the matter via the courts, and a definite solution will be reached. Further parties will usually not be required to make an appearance in person.

The disadvantage is this can be a very expensive option, and in some cases can be more expensive than using the Court system. It can also create further dispute by parties failing to agree an adjudicator, and spending more time arguing over who will resolve the argument than actually working towards a resolution!

Courts

The Courts are of course available should parties be unable to resolve their dispute amicably. Sometimes this may be the best way of resolving your dispute. However I would advocate careful consideration of the following before applying to the Courts.

1. You will usually need to instruct a solicitor to guide you through the Court processes and assist you to best present your case. Solicitors range from approximately £120ph to over £200ph. You will need a number of hours to allow for consultation with your solicitor, receipt of advice, and preparation of your claim / defence with your solicitor.

2. If you are not successful, there is a risk that you may have to pay at least a portion of the other party's costs, as well as your own.

3. The Courts will usually expect you to have considered and attempted a form of alternative dispute resolution, such as mediation (as discussed above).

4. The Courts often have a several month backlog. When you will be able to have your case heard will depend upon your local court's timetable. However in large city centres, this could be as long as six months, particularly if you have a number of witnesses or a large amount of evidence to be considered.

What is the best way?

Before taking steps to try to determine a boundary, first consider why you need to determine the boundary. The above options have varying costs, however all do come at a cost, and it may actually be cheaper to for example jointly pay the cost of repairing a fence rather than spend money determining whose responsibility it is to do so, particularly if this is likely to be a one-off repair. Also remember that disputes with neighbours may have to be declared should you wish to sell your house, potentially making your property less attractive to buyers.

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[Add a Comment]
Hi my neighbour has put a metal shed less than one metre away from my boundary fence. As a result of this I am now unable to maintain my wooden fence. How tall does a shed have to be before the one metre rule applies? Is my neighbour allowed to block me having access to maintain my fence?
Housing - 10-Feb-17 @ 5:35 PM
We bought our house 11 year ago and the previous owner purchased it of the council. There is a fence to mark the boundary between two properties and the fence was there when we moved in. In fact, the fence was there since long time back. The elderly woman who's been living next to them for more than 28 year ago said that the fence was there as a demarcation of boundary. We lived happily with 2 different owners without any disputes. The third owner moved to the property 6 year ago and accepted everything as it is. Again, we lived happily with them as well for the last 6 year but now they are disputing against the fence and saying that they want to remove it and erect a new fence aligning with our brick wall. This strip of land has been reserved for us as a right of way and this has been clearly mentioned on the deed. Can they move the fence on our side legally? What are our options to stop them erecting the new fence on our side and can we legally fight for this case?
Bhai - 28-Jan-17 @ 3:23 PM
We bought a house that has a privacy fenced back yard.We noticed that our neighbor has a privacy fence that runs up to our fence using our fence (on one side) to enclose his area.We also have a gate on our fence that allows us to enter into the area that he's trying to take from us.He claims that he has some sort of "handshake" with owners prior to the owners that sold us the house.We've had a survey completed and marked the area with No Trespassing signs while the police were here after we called them.The surveyors and the police say that we can cut down the portions of his fence that are on our property!What legally could the neighbor do adversely?
"REHOMED" - 26-Jan-17 @ 3:40 PM
Kreef - Your Question:
I live in a terraced property with a flat roof garage (built in 1960s) in front of the house which borders our neighbours driveway. The garage wall is about 50cm inside our boundary. I am planning to knock down the garage to use as a driveway. Can I reclaim this 50cm.

Our Response:
Check your title deeds and where/how the boundary is described before proceeding with this.
ProblemNeighbours - 10-Jan-17 @ 2:20 PM
I live in a terraced property with a flat roof garage (built in 1960s) in front of the house which borders our neighbours driveway. The garage wall is about 50cm inside our boundary. I am planning to knock down the garage to use as a driveway. Can I reclaim this 50cm.
Kreef - 9-Jan-17 @ 11:45 PM
I live in and end terraced house.In from of me is council green space, to the side is a pub with a car park.The pub and council land were devided by a fence which didn't touch our property/fence.Their deciding fence fell down.The pub have now redone the fence but have attached their last 2 slats of their fence to our fence and corner post without our permission.They haven't put a fence post in Can they do that? They don't have a post at the end of their piece of fence? This could put a lot of extra pressure on our existing fence/ posts Many thanks for any advice
Faerie - 8-Jan-17 @ 10:57 AM
WHEN I CUT OFF BRANCHES FROM MY NEIGHBORS OVERHANGING TREES, AND OFFER THE BRANCHES BACK TO HIM, CAN HE REFUSE TO ACCEPT THEM, LEAVING ME HAVING TO DISPOSE OF THEM ?
RICLAW - 27-Dec-16 @ 11:33 AM
Hi.I could use a bit of advice as I am sick with worry.About 12 years ago I bought my house from an housing association.There is a shared drive marked on the deeds which both parties are responsible for.The drive needs replacing urgently but the housing association I feel are bullying me.Because it's in a corner position and confined for space there was an agreement done as regards the use of the land.This was that I agree to boundaries being altered to allow parking areas at the rear of both properties.2 years ago they allowed the tenants to park on their front. It made it very difficult and sometimes impossible for my drive to be used.When I have them photo evidence they stopped the parking on their front.My concern is that a few days ago they came without my knowledge and ripped up the pathway that was the original boundary.My concern is that they are going to steal land from the agreed drive and again make problems.There is no dividing line on the plans so I am presuming that it is 50/50 across the entire area.I desperately don't want a dispute but this drive can be hazardous if that agreement is broken.The agreement was done by the planning department and the housing association.Can they alter that agreement.Your thoughts would be gratefully appreciated.Thank you
old maid - 22-Dec-16 @ 10:52 AM
DRH - Your Question:
Hi, I have a end terrace house and I have a right of way going through my back garden past my kitchen window and down the side of my house. There is no need for anyone to use this access because it only leads to the front of my house. Also all the neighbours can access the right of way from the back which leads to the road. Could I do anything about blocking the access through my garden.

Our Response:
You say neighbours don't need the access can the neighbours all get out of their own back gardens/yards to the right of way and therefore the road? If so you may have a case for closing off the right of access but would need to do so via the legal system. At the very least, everyone's title deeds will need to be altered to remove the clause about access, so it's not a small matter.
ProblemNeighbours - 8-Dec-16 @ 12:41 PM
Hi, I have a end terrace house and I have a right of way going through my back garden past my kitchen window and down the side of my house. There is no need for anyone to use this access because it only leads to the front of my house. Also all the neighbours can access the right of way from the back which leads to the road.Could I do anything about blocking the access through my garden.
DRH - 5-Dec-16 @ 8:31 PM
sarah - Your Question:
We own a terraced property. within our property we have a driveway which goes under our sons bedroom.Our neighbours have right of way up the driveway to their back garden where they park their car.Recently they put gates up on their land (probably about a foot back) and a post and a new fence panel. The gatepost and then fence panel starts about a foot within their land and then moves diagonally to meet the boundary fence so the end of the panel has about 2 inches of their land on our side of the new fence. so their is a long thin triangle of their land on our side of the fence about 1 foot diagonal cutting down to 2 inches - so tiny.We deemed this to be the boundary fence as we cannot put another one up - it would have to go right up against it.They have planted a small plant on our side of the fence which they cannot see but we can because it is on our side! Also they have been around onto our property and painted our side of that fence panel a colour of their choosing which doesn't match the rest of the fence. We open our back door to view their painted fence. They say they can because it is their fence and their is a tiny bit of land the other side of it belonging to themSurely someone cannot built a fence slightly, and I mean slightly within their land and then believe they can plant things on our side and have a say on what goes our side. She has also said, she may want to move the fence in the future, those few inches because people are making cars bigger. Am I going mad? why they didn't build the fence in the right place in the first place is beyond me but its done now and we are left with problems moving forward with work and plans for our side of the fence - and privacy of course.We don't know if the best thing is to build another fence right along the boundary - we have suggested this but she says then she won't be able to paint her fence (on our side) Are we right to feel she is being unreasonable? Is she behaving legally?

Our Response:
Where is the actual boundary? Is there anything in your title deeds that say you can/can't erect a fence at the end of the shared driveway? There is nothing to stop a property owner erecting a fence on their own land wherever they choose...it does not have to be on the boundary line. If there was no fence there previously it suggests there is nothing in your deeds that says a fence MUST be in place etc. It does sound as though the neighbour has some strange notions but they've not really done anything wrong as far as we can see. We suggest you put your own fence or screening up on your side of the boundary (they can't stop you) if you can't come to some mutual agreement with your neighbour over this.
ProblemNeighbours - 18-Nov-16 @ 10:46 AM
We own a terraced property. within our property we have a driveway which goes under our sons bedroom.Our neighbours have right of way up the driveway to their back garden where they park their car. Recently they put gates up on their land (probably about a foot back) and a post and a new fence panel. The gatepost and then fence panel starts about a foot within their land and then moves diagonally to meet the boundary fence so the end of the panel has about 2 inches of their land on our side of the new fence. so their is a long thin triangle of their land on our side of the fence about 1 foot diagonal cutting down to 2 inches - so tiny. We deemed this to be the boundary fence as we cannot put another one up - it would have to go right up against it. They have planted a small plant on our side of the fence which they cannot see but we can because it is on our side! Also they have been around onto our property and painted our side of that fence panel a colour of their choosing which doesn't match the rest of the fence. We open our back door to view their painted fence. They say they can because it is their fence and their is a tiny bit of land the other side of it belonging to them Surely someone cannot built a fence slightly, and i mean slightly within their land and then believe they can plant things on our side and have a say on what goes our side. She has also said, she may want to move the fence in the future, those few inches because people are making cars bigger. Am i going mad? why they didn't build the fence in the right place in the first place is beyond me but its done now and we are left with problems moving forward with work and plans for our side of the fence - and privacy of course. We don't know if the best thing is to build another fence right along the boundary - we have suggested this but she says then she won't be able to paint her fence (on our side) Are we right to feel she is being unreasonable? Is she behaving legally?
sarah - 17-Nov-16 @ 6:35 AM
Kingy - Your Question:
Hi, I purchased a house of the council in2013 after renting for 5 years, I've since received documents and area plan and my neighbour un be knowing to me, before I was first renting, helped there selves to a part of my land, where do I stand in this situation? Thanks.

Our Response:
This is something that should have been highlighted on when the conveyancing was undertaken at the time of purchase. Go back to the solicitor who dealt with your house purchase and ask them about this.
ProblemNeighbours - 15-Nov-16 @ 2:13 PM
Gillybobs - Your Question:
My situation is that I live in a semi-detached house next to a right of way for a parade of shops (to the rear of the shops). I am widowed and have no-one who can provide support. As far as I understand it, the fence that runs along the access road is my responsibility. A few years ago I decided to take the industrial looking concrete fence out (only at the rear 'side on' of the property. The owner of the shops came out (he has actually called me stupid before now - presumably to goad me into saying something racist), saying that I could not remove one of my posts because he had used it to anchor his fence. Has he any rights in this case? He also stipulated that the 'right of way' was his private property, despite there being no gate or sign. The brickie eventually built the wall about a foot on my land. I am shortly going to replace the rest of the current fence, as new building work means I am overlooked at the front, side and rear of my property. I also feel my local council don't take me seriously because I'm a lone voice.

Our Response:
If it's your fence, noone else should "anchor" anything to it. Unfortunately as we cannot see the fence and its location in relation to the path etc we can't give you more advice. Contact your local councillor or MP - they may be able to point you in the direction of someone who'll be able to fathom it out for you. You should also check your title deeds for exact details of the fence and your responsibilities/rights.
ProblemNeighbours - 15-Nov-16 @ 2:07 PM
Hi, I purchased a house of the council in2013 after renting for 5 years, I've since received documents and area plan and my neighbourun be knowing to me, before I was first renting, helped there selves to a part of my land, where do I stand in this situation? Thanks.
Kingy - 14-Nov-16 @ 12:06 PM
My situation is that I live in a semi-detached house next to a right of way for a parade of shops (to the rear of the shops). I am widowed and have no-one who can provide support. As far as I understand it, the fence that runs along the access road is my responsibility. A few years ago I decided to take the industrial looking concrete fence out (only at the rear 'side on' of the property. The owner of the shops came out (he has actually called me stupid before now - presumably to goad me into saying something racist), saying that I could not remove one of my posts because he had used it to anchor his fence. Has he any rights in this case? He also stipulated that the 'right of way' was his private property, despite there being no gate or sign. The brickie eventually built the wall about a foot on my land. I am shortly going to replace the rest of the current fence, as new building work means I am overlooked at the front, side and rear of my property. I also feel my local council don't take me seriously because I'm a lone voice.
Gillybobs - 14-Nov-16 @ 10:52 AM
Disgruntled - Your Question:
My elderly mother lives in a semi-detached house. When the fence was blown down, her neighbors, set about fixing it. They informed her that they would be doing this. Then, they proceeded to trespass on her property, to install a post on her side of the property and fix brackets to the extension they built and to the post. However the post is on my mothers' side. Are they allowed to; a) trespass on her property to do this. And b) fix and attach a bracket on her side of the property? Surely, the bracket should be on their side of the fence and not on my mothers' side? The land registry, clearly shows where the boundary is, yet the neighbors are claiming that they are entitled to put it where it is now. Please advise.

Our Response:
Who has responsibility for the fence...if it's the neighbour, they can place the post on whichever side they choose. If it's really on your mother's property she can take action to get them to remove it, but she would need to absolutely sure of the exact boundary location (note not all Land registry documents are 100% accurate). No they should not have "trespassed" on to your mother's side of the fence but maybe in informing her of their intentions, they assumed that this would be OK.
ProblemNeighbours - 11-Nov-16 @ 12:57 PM
My elderly mother lives in a semi-detached house. When the fence was blown down, her neighbors, set about fixing it.They informed her that they would be doing this. Then, they proceeded to trespass on her property, to install a post on her side of the property and fix brackets to the extension they built and to the post. However the post is on my mothers' side. Are they allowed to; a) trespass on her property to do this. And b) fix and attach a bracket on her side of the property? Surely, the bracket should be on their side of the fence and not on my mothers' side? The land registry, clearly shows where the boundary is, yet the neighbors are claiming that they are entitled to put it where it is now. Please advise.
Disgruntled - 10-Nov-16 @ 1:25 PM
So its my mums house, my dad passed away in 2001April, so that year I was in standard 10 my sister finished school a year before me , so I found a boy in 2001 Julyand my sis found a guy 2003 , so in 2003 both boys got together and put up a fetch , they also call my neigbour to view the yard before the fetch goes up, now we 2 years in selling my mums place. Nothing they said , but the last 2 to 3 months they saying the clients that's coming to view the house that we stole they yard , so I wanted to know what rights we have, mum does not stay there ,s he's with me , mums on Dialysis now, its sad how people can change, so from 2003 to 2016 now they saying we stole they yard or should I say a piece of they yard, please I really need help
Gundus - 5-Nov-16 @ 7:53 PM
Sam. - Your Question:
I live in a terraced house, my own. Have been here for 33 years. My neighbour is an old retired man who travels a lot. He is rarely at home. He owns the end terraced house so shares a party wall with only me. I have always been considerate of his lifestyle and have maintained he is free to choose to live life by his terms. His property is derelict however and a real eyesore. In the 33 years I have lived next door to him he has had no repairs done. The windows are rotting in their frames and his back garden is like a jungle. However, he is quiet and I have always said I could have worse neighbours. He thinks I am a selfish neighbour. He knocks my door on occasions to complain If I play my radio in my kitchen it disturbs him. The white goods (washing machine, dishwasher) along the party wall (how the house was plumbed when it was built) make a noise and he can hear my footsteps on the stairs. I am like a 'herd of elephants' according to him. I find this upsetting as I really do hate confrontation. I have had to stand my ground when he has come to complain and he calls me selfish. He is a recluse who lives in suburbia, (an estate) has no TV, reads a lot but expects it to be like a leafy forest glade. The fence along the party boundary was rotting away. It had fallen into disrepair after 40+ years, most panels had fallen down and I could see into his jungle of a garden. The brambles from his garden had taken root in mine. Now I have retired on health grounds and am alone here I had the fence replaced, for security reasons as well as for aesthetic ones. It was so broken it provided no privacy at all. It's been done along the exact boundary line, and if anything he has gained 2" of land. He now has a brand new panelled fence at no expense to him. I footed the entire cost. It makes one side of his property more secure (His other two fences have rotted away and self-seeded, huge, dense holly trees now form a barrier around his house.) The new fence gives us both the privacy we value. I did not want to see into his overgrown garden or live with the eyesore of a broken fence. He has come from his travels and is not happy. He says I had no right to touch his broken fence (no idea if it is his.I surmised it was mine as my pleasant neighbours on the other side claim the left hand fence bordering our properties is theirs. He wants his rotted panels back (One was so rotten it had NO panels in it) I appreciate that perhaps I should have spoken to him about repairing the fence, but given he is hardly ever at home - he is away for weeks on ends, comes home for a couple of days and then vanishes again - has not repaired his house once in the 47 years he's had it (The pink primer paint fro when the house was originally built has peeled from his garage door and front door, never to be replaced ) I knew he would NEVER spend money repairing the fence between our houses. Now he has said he will seek legal advice and take me to court. He is prepare

Our Response:
It's unlikely that any legal action would be successful in the circumstances. Check your deeds, you may find that you are actually responsible for the fence anyhow. Our advice is to try and ignore him for now.
ProblemNeighbours - 26-Oct-16 @ 2:33 PM
I live in a terraced house, my own.Have been here for 33 years. My neighbour is an old retired man who travels a lot. He is rarely at home. He owns the end terraced house so shares a party wall with only me. I have always been considerate of his lifestyle and have maintained he is free to choose to live life by his terms. His property is derelict however and a real eyesore. In the 33 years I have lived next door to him he has had no repairs done. The windows are rotting in their frames and his back garden is like a jungle. However, he is quiet and I have always said I could have worse neighbours. He thinks I am a selfish neighbour. He knocks my door on occasions to complain If I play my radio in my kitchen it disturbs him. The white goods (washing machine, dishwasher) along the party wall (how the house was plumbed when it was built) make a noise and he can hear my footsteps on the stairs. I am like a 'herd of elephants' according to him. I find this upsetting as I really do hate confrontation. I have had to stand my ground when he has come to complain and he calls me selfish. He is a recluse wholives in suburbia, (an estate) has no TV, reads a lot but expects it to be like a leafy forest glade. The fence along the party boundary was rotting away. It had fallen into disrepair after 40+ years, most panels had fallen down and I could see into his jungle of a garden. The brambles from his garden had taken root in mine.. Now I have retired on health grounds and am alone here I had the fence replaced, for security reasons as well as for aesthetic ones. It was so broken it provided no privacy at all. It's been done along the exact boundary line, and if anything he has gained 2" of land. He now has a brand new panelled fence at no expense to him. I footed the entire cost. It makes one side of his property more secure (His other two fences have rotted away and self-seeded, huge, dense holly trees now form a barrier around his house.) The new fence gives us both the privacy we value.I did not want to see into his overgrown garden or live with the eyesore of a broken fence. He has come from his travels and is not happy.He says I had no right to touch his broken fence (no idea if it is his...I surmised it was mine as my pleasant neighbours on the other side claim the left hand fence bordering our properties is theirs. He wants his rotted panels back (One was so rotten it had NO panels in it) I appreciate that perhaps I should have spoken to him about repairing the fence, but given he is hardly ever at home - he is away for weeks on ends, comes home for a couple of days and then vanishes again - has not repaired his house once in the 47 years he's had it (The pink primer paint fro when the house was originally built has peeled from his garage door and front door, never to be replaced ) I knew he would NEVER spend money repairing the fence between our houses. Now he has said he will seek legal advice and take me to court. He is prepare
Sam. - 25-Oct-16 @ 1:14 PM
my daughters neighbour has brought her HA home she has put up a 6ft fence right along the back garden between the two houses, now the 3ft chain link fence and posts are on my daughter side and are not in the best condition her husband had a nasty cut above his eye from the wire fence,it cannot be seen or accessed by her neighbours, so my daught went to take it down as it could injure her two children , the neighbour went mad saying it is her fence and it is not being removed,my daughter asked her HA as they had said she could take it down but now they are saying it might be the neighbours , surely when they put this 6ft wooden fence up if they wanted this dangerous wire fence they would have not have left it were they can not see it ,it serves them no purpose, can my daughter take it down or can she tell them to get a trades man in to repair or replace it if they want to keep it that badly ,any advice welcomed as we are going around in circles. thank you
Ed - 12-Oct-16 @ 10:58 PM
maria - Your Question:
When we moved into our house 22yrs ago there was a strip of land between the boundary of our and our neighbours boundary , we have used this land for 22yrs to maintain our fence ,the new owner has erected a wire fence immediately at the back of fence and I can no longer maintain my fence. I have been in touch with land registry and they said it was claimed by adverse possession in 2009 I pointed out nobody had lived at the property for 10 years to do this I was told a affidavit had been done,which I believe to be false. is there anything I can do about this

Our Response:
You'd need to get a legal professional to look into this. Why do you think it to be false? Could there have been one owner of the property who was perhaps renting out the property?
ProblemNeighbours - 12-Oct-16 @ 12:04 PM
When we moved into our house 22yrs ago there was a strip of land between the boundary of our and our neighbours boundary , we have used this land for 22yrs to maintain our fence ,the new owner has erected a wire fence immediately at the back of fence and I can no longer maintain my fence. I have been in touch with land registry and they said it was claimed by adverse possession in 2009 I pointed out nobody had lived at the property for 10 years to do this I was told a affidavit had been done,which I believe to be false. is there anything I can do about this
maria - 11-Oct-16 @ 10:12 AM
llewelyn - Your Question:
About 8 years ago we moved next to elderly gentleman.the joint boundary fence was in really bad condition.we approached him about replacing it, as he couldn't afford anything towards it, we offered to pay for all the materials and erection, replacing like for like on exactly the same line, since which time we have maintained said fence.a few years ago he died and new neighbours moved in.they have since stated they intend to extend the fence, without our permission and use the last fence post we erected to fit the first panel into.can they do this, or if we don't agree, must they erect their own post on their side of the boundary

Our Response:
If it's a shared fence then you must both consent to any changes. Is there some reason you do not want the neighbour to extend the fence?
ProblemNeighbours - 7-Oct-16 @ 12:02 PM
mummy - Your Question:
Our deeds showed that we had 3 foot of land to the left of our house, over the side of our fence and this was confirmed by a wire boundary fence with metal posts. The neighbours have removed the wire boundary fence and posts and have decided to cut all of the tress down (some which are part of a protected hedgerow) and use our fence as theirs. On asking if they would be putting up a new boundary fence up, they were very non-committal and clearly are hoping to gain our 3 foot of land. I am waiting to hear back from the council re the protected hedgerow, but how can we make them put the boundary fencing back up? Any advice from anyone very welcome please.

Our Response:
There is no obligation on a land owner to fence in their land. If you want to be sure the 3 foot of land is remains your property, you can erect a fence closer to the boundary line. If a protected hedgerow has been destroyed report it to your local planning office...note that protected hedgerows are usually in rural countryside and not between residential properties. If the trees are subject to a Tree Preservation Order, your local council's Tree Preservation Officer will be able to investigate.
ProblemNeighbours - 6-Oct-16 @ 2:52 PM
about 8 years ago we moved next to elderly gentleman.the joint boundary fence was in really bad condition. we approached him about replacing it, as he couldn't afford anything towards it, we offered to pay for all the materials and erection, replacing like for like on exactly the same line, since which time we have maintained said fence. a few years ago he died and new neighbours moved in . they have since stated they intend to extend the fence, without our permission and use the last fence post we erected to fit the first panel into. can they do this, or if we don't agree, must they erect their own post on their side of the boundary
llewelyn - 6-Oct-16 @ 12:02 AM
Our deeds showed that we had 3 foot of land to the left of our house, over the side of our fence and this was confirmed by a wire boundary fence with metal posts.The neighbours have removed the wire boundary fence and posts and have decided to cut all of the tress down (some which are part of a protected hedgerow) and use our fence as theirs.On asking if they would be putting up a new boundary fence up, they were very non-committal and clearly are hoping to gain our 3 foot of land.I am waiting to hear back from the council re the protected hedgerow, but how can we make them put theboundary fencing back up?Any advice from anyone very welcome please.
mummy - 5-Oct-16 @ 1:42 PM
Gez - Your Question:
7 years ago I erected a fence between mine and my neighbours back garden, Previously the boundaries were marked by concrete boundary markers I placed the fence inside the boundary markers on my side. They have moved and the new owners have removed the boundary posts and installed decking that butts right up to my fence. I have lived here peaceably with neighbours for fifty years. What are my rights where this fence is concerned?

Our Response:
Speak with the neighbours, make them aware of the position of the original boundary. Your title deeds might help here. It would have been more useful to approach them as they were starting the job rather than now the decking is complete of course. If it really bothers you and your neighbours are not willing to remove the decking, you may have to seek legal action.
ProblemNeighbours - 4-Oct-16 @ 11:47 AM
7 years ago I erected a fence between mine and my neighbours back garden, Previously the boundaries were marked by concrete boundary markers I placedthe fence inside the boundary markers on my side. They have moved and the new owners have removed the boundary posts and installed decking that butts right up to my fence. I have lived here peaceably with neighbours for fifty years. What are my rights where this fence is concerned?
Gez - 3-Oct-16 @ 11:15 PM
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