Spurious ? claims re boundary

Spurious ? claims re boundary

Postby xoggoth » Wed Mar 30, 2005 2:32 pm

I do not get on with a neighbour because I have provided evidence on behalf of a local company in their attempts to recover their property from him. He simply moved onto their woodland behind our house and treated it as his own garden/junk yard.

We are trying to agree position of a fence to replace my rather tatty hedge which both of us would like to be shot of and so far things have been reasonably amicable. However, he is now claiming, solely on the basis of comparing a few measurements made over his property with his own deeds in isolation, that the boundary is significantly further over.

This seems like nonsense to me as:

a) The hedge position pretty much agrees with the copies of the plans I have, being in a line with the side wall and parallel with the house. Indeed, an arial photo I have obtained indicates his excessive pruning right back to the bare trunks has gone several inches into my property in places. I would have thought a hedge would have been planted at least a foot or two back from a boundary to allow for growth.

b) The hedge has been there since 1972.

Can anyone confirm that this seems like nonsense or is there more to it than that?

Also any suggestions how to approach this or what precautions I should take? I have sent for larger scale plans from the BS to check for any measurements. I would obviously prefer to avoid any legal moves due to impact on property prices but equally I am not about to donate even more of my property on the basis of an amateur opinion. Arbitration is not an option as he is not honest and will simply get his one of his cronies to swear to any false statement he chooses to come up with.

Most grateful for any suggestions.
xoggoth
 
Posts: 348
Joined: Wed Mar 30, 2005 1:36 pm

Ads are not endorsed by www.gardenlaw.co.uk or the staff thereof and visitors should perform their own due diligence on the product or service offered.
 

Postby despair » Wed Mar 30, 2005 2:56 pm

Actually hedges tended to be planted exactly on the boundary line in many cases .........hence the main trunks of the hedge may very well form the boundary

Since the hedge has been in place for over 20 years your neighbour quite simply has no rights whatsoever to try and gain any more land

He is not entitled to cut furthur back than the main trunk and unless you can find some old boundary post markers still in the ground i would be inclined to leave the hedge as is ..........

If he furthur cuts or damages the hedge then you have got him for criminal damage

Maybe another solution is to install Chainlink fencing tight up to the trunks .......the metal posts can be hammered into the ground in between trunks

That way you get a fence but with a hedge in front and he gets to face a chain link fence which he can install his own wood fence up against if he wishes but he cant claim anymore land
despair
 
Posts: 16043
Joined: Mon Mar 14, 2005 8:07 am

Ta

Postby xoggoth » Thu Mar 31, 2005 11:36 am

Thanks for that despair. Reassuring that the so and so cannot grab anymore of my land anyhow.

Fortunately, I do now have legal insurance which has passed the 180 day waiting period. Not sure if I said ta for your answer to my enquiry about insurance back in September, if not ta for that too.
xoggoth
 
Posts: 348
Joined: Wed Mar 30, 2005 1:36 pm

Secure boundary

Postby xoggoth » Sun Apr 03, 2005 3:05 pm

I presume when you say that you would be inclined to leave it where it is despair, this is because a legally and physically solid boundary that could only be moved by an act of criminal damage is better protection than a fence the bloke could move back with impunity if it suits him?

If so I may need to rethink being willing to compromise unless I can find a legal way to protect my minimum position, ie the tree line.

Ta agian for you input.
xoggoth
 
Posts: 348
Joined: Wed Mar 30, 2005 1:36 pm

Postby despair » Sun Apr 03, 2005 6:11 pm

Yes I believe very strongly as i think will solicitors that its much safer to leave the boundary intact when you are dealing with someone who is likely to argue about location and indeed move a fence

The hedge has clearly been in place for over 20 yrs so that is an irrevocable boundary

I have long term experience of a neighbour like yours and in no way can i recomend trying to reason with such people

Either interplant with Pyracantha or laurel or put in chain link tight up to the trunks his side or somply leave things as they are
despair
 
Posts: 16043
Joined: Mon Mar 14, 2005 8:07 am


Return to Boundaries

Who is online

Users browsing this forum: No registered users and 5 guests