Cut and dry boundary; surely?

Cut and dry boundary; surely?

Postby Gavski » Thu Jul 26, 2012 8:12 pm

Recently moved into a 3 bed semi. The neighbor on the adjoining house has a conservatory up to the boundary, however around part of the conservatory he has a fence, hiding the bottom windows from overlooking my garden but this fence is over the boundary in my garden.

How do I know it's on my side? The conservatory begins with bricks and these are exactly mid way between the two houses. At the end of the brick section is the window section and where the fence begins in my garden, it then travels the remainder of the length of the conservatory and on to the end of the garden.

I don't want to have a dispute with my neighbor, I just want to establish the extent of my boundary.

Any help, advice?

thanks
Gavski
 

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Re: Cut and dry boundary; surely?

Postby mr sheen » Thu Jul 26, 2012 8:55 pm

You say you have recently moved in.
Was the conservatory already in situ when you bought the property? - If so, you effectively accepted the boundaries as they were when you bought since if the previous owners did not indicate that the boundaries were in dispute, the previous owners had accepted the position of the boundaries and sold it onto you with the accepted boundaries as indicated on the ground, accepting the position of the conservatory as the neighbour's boundary.
Gavski wrote:I don't want to have a dispute with my neighbor, I just want to establish the extent of my boundary.



If the conservatory was already there, the extent of your boundary is as it was when you purchased and therefore there is no need for any dispute. You accepted the positions of the boundaries and structures on purchase.
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Re: Cut and dry boundary; surely?

Postby andrew54 » Thu Jul 26, 2012 10:09 pm

How do you know it is his fence, and not yours?
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Re: Cut and dry boundary; surely?

Postby Gavski » Thu Jul 26, 2012 10:46 pm

mr sheen wrote:You say you have recently moved in.
Was the conservatory already in situ when you bought the property? - If so, you effectively accepted the boundaries as they were when you bought since if the previous owners did not indicate that the boundaries were in dispute, the previous owners had accepted the position of the boundaries and sold it onto you with the accepted boundaries as indicated on the ground, accepting the position of the conservatory as the neighbour's boundary.
Gavski wrote:I don't want to have a dispute with my neighbor, I just want to establish the extent of my boundary.



If the conservatory was already there, the extent of your boundary is as it was when you purchased and therefore there is no need for any dispute. You accepted the positions of the boundaries and structures on purchase.



yes it was there when I moved in. I accept the conservatory is on the boundary(mid point) but not the fence -
Surely on a semi the mid point between the houses must be the boundary?

Because I didn't notice the fence was over the boundary when I moved in doesn't mean it isn't?

Andrew - it's his fence on the Title. cheers.
Gavski
 

Re: Cut and dry boundary; surely?

Postby andrew54 » Fri Jul 27, 2012 12:02 am

Gavski wrote: - it's his fence on the Title. cheers.


That means little. He might have neglected his obligations and your predecessor put up this fence.
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Re: Cut and dry boundary; surely?

Postby Sudynim » Sun Jul 29, 2012 12:42 pm

Gavski wrote:I don't want to have a dispute with my neighbor, I just want to establish the extent of my boundary.


The extent of your boundary is what it was when you bought the house. Attempting to redefine it in your favour is inevitably going to lead to an ugly dispute. Let sleeping dogs lie.
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Re: Cut and dry boundary; surely?

Postby Gavski » Sun Aug 12, 2012 1:57 pm

"The extent of your property boundaries are what you should be aware of during the house buying process."

This is not so! Titles make no reference to the extent of a boundary.
Gavski
 

Re: Cut and dry boundary; surely?

Postby mr sheen » Sun Aug 12, 2012 2:19 pm

Gavski wrote:"The extent of your property boundaries are what you should be aware of during the house buying process."

This is not so! Titles make no reference to the extent of a boundary.


Doesn't need the title to mention it - presumably you viewed the property and the visible boundary markers before purchasing and since you proceeded to completion you bought what you saw.
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creeping fence

Postby Gavski » Wed Mar 19, 2014 1:11 pm

My neighbour is responsible for the boundary between the 2 houses, we are separated by a fence. It is poor quality and is frequently damaged by storms.
Every time he renews the fence, he moves a bit more over on to my garden. I have tried to point this out to him, but he is unhelpful and say's it is
only a small amount and not worth worying about. Slowly the fence is creeping more and more into my garden.
I would appreciate some advice as to what I can do about this.
Gavski
 

Re: creeping fence

Postby despair » Wed Mar 19, 2014 1:26 pm

Dont argue with him

simply ascertain the correct line and move the fence back to it

if he complains tell him its only a small amount but its your land and your legally reclaiming it
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Re: creeping fence

Postby MacadamB53 » Wed Mar 19, 2014 2:42 pm

Hi gavski,

Every time he renews the fence, he moves a bit more over on to my garden.

How many times has this happened?

If his fence is substandard why not offer to make a contribution so a quality, lasting job is done?
This would give you an opportunity to discuss the extent of your property being encroached upon.

Kind regards, Mac
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Re: creeping fence

Postby Gavski » Wed Mar 19, 2014 4:03 pm

MacadamB53 wrote:Hi gavski,

Every time he renews the fence, he moves a bit more over on to my garden.

How many times has this happened?

If his fence is substandard why not offer to make a contribution so a quality, lasting job is done?
This would give you an opportunity to discuss the extent of your property being encroached upon.

Kind regards, Mac


3 times,

Thanks for that, unfortunately you're assuming my neighbour has the ability to communicate like a civilised human
Gavski
 

Re: creeping fence

Postby MacadamB53 » Wed Mar 19, 2014 5:51 pm

Hi Gavski,

Can you evidence the encroachment to date? (how much btw?)
Has he explained why he isn't keeping to the original line?

Kind regards, Mac
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creeping fence

Postby Gavski » Thu Jan 21, 2016 2:06 pm

I moved into my semi a few years ago. My Neighbour has an extension that has a conservatory attached to it, see pic. The
wall is in line with the internal party wall of the house and the fence wraps around the conservatory. Over the last few
years the fence has blown down further up the garden, when they repair it, they always move it over my side a few inches. I
complained and they said it's hardly worth bothering about.

Recently it has been down again and I want to errect my own fence but feel I need to establish where the boundary is.
It is my belief that the boundary of a semi begins with the internal party wall between the houses, can any one confirm this? Also the fence that wrapps round the conservatory (and the ground it is on) must be mine as they cannot get access to it without trespass?

I would appreciate it if anyone could shed some light on exactly where I stand with my boundary and fence?

Image
Gavski
 

Re: creeping fence

Postby Collaborate » Thu Jan 21, 2016 6:21 pm

If they built the conservatory wall so that it straddles the boundary then the fence is wholly on your land. I'd be surprised at that though, as that would make the wall with the windows in a party structure as well, and surely no one in their right mind would have agreed to that?

Make sure that you get in there with your fencing contractors, and so you can make sure that they reinstate the fence at the correct boundary. However there is no rule or presumption that the outside boundary must follow the line of the internal party wall. That might be how things usually pan out, but if they can show that the fence has been moved over your side of the boundary for over 12 years without objection then they may have acquired rights to keep it there.

Take pictures - lots of them - showing where the boundary lies as against the conservatory.
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