Boundary and tree problem

Boundary and tree problem

Postby stevewalk » Tue Apr 05, 2005 7:58 pm

When we moved into our house 12 years ago most of the middle section of our fence was missing as trees and large bushes had broken it. Our fence runs along the back gardens of 5 houses and all are ok except one and over the years we have had problems which I have tried to solve but they just hurl abuse at us. 6 years ago we wanted the whole fence replaced, the garden contractor persuaded us to bring forward the middle section of fence where the trees and bushes are by about 8 inches. We were fine with this until we wanted to cut down a large willow tree (mentioned in our original house survey as its only about 40 foot from our house, that it need trimming or removing) The original small concrete fence post are still in place 8 -12 inches back from our fence and our neighbours fence running 90deg to our finishes about 12 inches from ours. The root of the tree sits between our newish fence and the original posts. I cut down the tree as I am convinced its in my garden but now our problem neighbour is saying the tree was his, and now he is threatening all sorts of legal action.
How do I prove it was in my original garden? I also now want to put the fence back to it's original location and again how do I prove my boundary? and how much will it cost me?


Thanks in advance


Steve
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Postby despair » Tue Apr 05, 2005 9:19 pm

Firstly take photos of the original posts plus the tree stump and the line the original fence would have been plus your new fence

Its vital to do this and get witneses before your neighbour takes it into his head to remove the old post remains

If you have clay soil then removing the willow is vital especially given the hot summers and shrinkage problems or you could suffer subsidence as its too close to property

Explain that to your neighbour and try and get him to realise its for the best for both of you

If you were selling you can be sure a new mortgage surveyor would be putting in his report questions about the willow

If you land up with a court case it could be very expensive
so avoid that whatever you do

Check all your insurance policies , credit cards , union membership etc as you may have legal advice line or legal expenses cover

They will help you if nessecary
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Postby Alan Harris » Wed Apr 06, 2005 12:35 am

Dear Stevewalk

Check your deeds (ask your building society for a copy) and then consult a decent surveyor located close to you so that he can decide which are the best and most reliable markers from which to set out the boundary on site. If you have a good one you could rely on what he says and let your neighbour do his worst or are you happy to be bullied out of your just ownership?

Sincerely


Alan Harris
Alan is a consulting engineer specialising in subsidence, tree roots, soils and party wall surveying.
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Postby stevewalk » Wed Apr 06, 2005 9:19 am

Thanks guys for the helpful replies, the thing I forgot to mention was the tree grew at an angle into my garden so in fact 90% of the tree was over my lawn.

On closer inspection last night I would say the fence line runs through the middle of the trunk but its all so jagged it could be a foot either way. (the trunk must be 24 -30 inches across)

Im thinking of just going round and offering to buy him another tree and try to be good neighbours as this could be cheaper than a surveyor - but I would still like to move the fence back to its original position.


Thanks


Steve
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Postby despair » Wed Apr 06, 2005 4:32 pm

That tree sounded damm dangerous to me

Your idea of a new tree or 2 is a good idea

Suggest you offer to reinstate the fence along the true boundary as per the old posts and agree several trees or shrubs to be planted both sides for everyones enjoyment

Take the wind out of his sails ......invite him round for a beer
sometimes its less agro on your own turf so to speak
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