Boundary dispute

Boundary dispute

Postby 2009boxerphil » Tue Oct 06, 2015 9:24 pm

It all started 10 yrs ago. My neighbour moved in to his house and decided he could not get his motor bikes in his shed because of the position of the shed. so he knocked the shed down and built a garage in his garden in a position that he could access with his motorbikes, no problem with that except that there is a thick hedge between my garden and his, so he cuts the hedge back (it's my hedge) on his side, and over time as he keeps cutting back the hedge on his side the hedge is getting thinner and thinner untill he reaches the original Knee posts that were put in by the builders that built the houses in 1954,they all had them. they were 6ft 6ins from his house side wall. I presume while we were away or at work or on holiday said Knee posts were removed or as i have found cut off at ground level and now what was just a good sized walkway has become a drive that he can get a car in( and get in and out of the car while it is still between the hedge and his house).Now that MY hedge no longer creates a screen between my garden and his i want to take out the hedge and put up a fence. Question:- Can I put my fence back on my original Boundary as shown by the REMAINS of the knee posts that he has failed to remove properly.
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Re: Boundary dispute

Postby Eliza » Wed Oct 07, 2015 7:13 am

I'm not sure why the question is even being asked - they are boundary posts and the previous boundary feature was yours.

I'd just take a photo of whats left of these posts (just in case) and get on and put up my fence in your position.
Apologies for not giving exact personal details in my posts - you never know who is reading....
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Re: Boundary dispute

Postby MacadamB53 » Wed Oct 07, 2015 7:45 am

Hi Phil,

you've not mentioned who owned the original fence.

however, you do mention that it's whereabouts was to be taken by measuring out from his house - which suggests it stood on his land and was therefore part of his property.

erect your fence on the edge of your land - ie up against his original fence.

Kind regards, Mac
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Re: Boundary dispute

Postby Collaborate » Wed Oct 07, 2015 8:03 am

MacadamB53 wrote:Hi Phil,

you've not mentioned who owned the original fence.

however, you do mention that it's whereabouts was to be taken by measuring out from his house - which suggests it stood on his land and was therefore part of his property.

erect your fence on the edge of your land - ie up against his original fence.

Kind regards, Mac


+1
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Re: Boundary dispute

Postby Collaborate » Wed Oct 07, 2015 8:03 am

Eliza wrote:
I'd just take a photo of whats left of these posts (just in case) and get on and put up my fence in your position.


+1 (the photo taking bit)
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Re: Boundary dispute

Postby Roblewis » Wed Oct 07, 2015 10:08 am

Developers posts were and are put astride a boundary with the wire tensioned between them as the actual boundary demarcation. I have never found a developers fence that was not thus. The intention was to either maintain that line or either property could abut their posts/fence face to the wire but nothing beyond. The OP can certainly position his fence up to the centre line of the old posts. Do it now however do not wait.
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Re: Boundary dispute

Postby arborlad » Wed Oct 07, 2015 10:22 am

2009boxerphil wrote:...... untill he reaches the original Knee posts that were put in by the builders that built the houses in 1954,they all had them.



Can you confirm this is a back garden, not front, and what sort of rail ran between them?



...........they were 6ft 6ins from his house side wall



How have you obtained this measurement, from a plan or deed, or did you measure it yourself?

At the moment all we know is a boundary feature sits at that distance from his house - not who owns it.
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Re: Boundary dispute

Postby 2009boxerphil » Wed Oct 07, 2015 3:47 pm

Yes the boundary/hedge is mine and it is My rear garden as we live on a corner, so the Boundary in question is mine as shown on Deeds, but it is my neighbours side access.
The measurement i took was from his house side wall. Mainly because it was easier to do that than to run a tape all the way up my garden and through the hedge.
It still remains that he had 6ft 6ins and now has 8ft odd and my hedge is destroyed and does not serve as a screen anymore. Another reason that this has happened is because he regularly puts his car up what is now his DRIVE and makes very sure that he gets it as close as he can to the hedge. As any gardener will know if you continually drive over vegetation ie; lawns ect they will not grow and will have the effect in this case of making the Hedge" migrate" in my direction. But my question still is have I the right to tell him to move his car because I AM putting MY fence back on that line or as close as is possible to get it.?
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Re: Boundary dispute

Postby span » Wed Oct 07, 2015 4:26 pm

Don't even tell him to move his car. Did he tell you when he was at it?

Just do it.
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Re: Boundary dispute

Postby Collaborate » Wed Oct 07, 2015 6:13 pm

I don't tell my neighbour I'm going to paint my house, mow my lawn, and have cornflakes for breakfast.

Just go ahead and erect your fence. Take before and after photos. Keep your receipt for the fence.

You have no right to tell him he can't park his car on his land. If when opening his door he uses your land that will all stop when your fence goes up.
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Re: Boundary dispute

Postby MacadamB53 » Wed Oct 07, 2015 7:20 pm

Hi phil,

why have you given this thread the title 'Boundary Dispute'?

I only ask because it seems we're discussing what protocol to adopt with a particular neighbour when you come to erecting yourself a new fence...

Kind regards, Mac
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Re: Boundary dispute

Postby arborlad » Wed Oct 07, 2015 9:32 pm

2009boxerphil wrote: Question:- Can I put my fence back on my original Boundary as shown by the REMAINS of the knee posts that he has failed to remove properly.



Yes - and the sooner the better.
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Re: Boundary dispute

Postby arborlad » Thu Oct 08, 2015 8:13 am

2009boxerphil wrote: But my question still is have I the right to tell him to move his car because I AM putting MY fence back on that line or as close as is possible to get it.?



You have not just the right but the expectation that you will fence to the fullest extent of your land - the law will presume that, is the neighbour disputing ownership of those posts?

Will you be doing the work yourself or employing a contractor, there is no reason why your new fence does not exactly replace the old fence.



............and my hedge is destroyed and does not serve as a screen anymore.



Many people give prominence to screening, privacy, aesthetics etc., and losing land in the process. Once you have secured your land the neighbour will no longer be able to drive over it and your hedge is likely to recover.
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