boundaries and fence

boundaries and fence

Postby thelma » Mon Apr 11, 2016 10:18 pm

hi all,recently i have had a fall out with my neighbour which will be permanent i feel.But i can see that things are going to arise.Firstly,ive lived in my place for over 12 years long before they moved in.I have two dogs so needed a fence when we moved in.With the aggreement of the previous neighbours i had to put my fence just past the boundarie line because on the line were heavy railtrack sleepers that are pinned into chalk ground,can,t move them.I would say at the most its about just under a foot that my fence is on,ive all ways maintained it,changing panels and posts whn needed.Does this still belong to him or do i have grounds to claim it?thanks
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Re: boundaries and fence

Postby Collaborate » Tue Apr 12, 2016 8:04 am

It's your fence. It on your neighbour's land, and as you placed it there with their permission you can't claim adverse possession of the extra foot. If they ask you to remove it so as to place it wholly on your land then you must do so.

Mac will be along in a minute to grill you over how you know where the boundary line is. :D
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Re: boundaries and fence

Postby thelma » Tue Apr 12, 2016 11:10 am

okay thanks,tbh in some places its probably only 6in,the neighbour presently is not the original ones who i aggreed with,and theres been no problem with the new ones until now,they haven,t done or said anything yet.But as our relationship is going to get frosteier,im sure.I just want to be prepared for it
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Re: boundaries and fence

Postby despair » Tue Apr 12, 2016 11:19 am

If the fence has been in place for 12 years you may be able to claim adverse possesion of the strip of land but it needs expert opinion
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Re: boundaries and fence

Postby Collaborate » Tue Apr 12, 2016 2:11 pm

despair wrote:If the fence has been in place for 12 years you may be able to claim adverse possesion of the strip of land but it needs expert opinion


AP requires possession without force, secrecy or permission. No expert opinion needed. OP cannot claim AP.

Thelma - spend the money saved on moving the fence if/when asked.

However when the owner who gave you permission left, the 12 year close will have started to run.
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Re: boundaries and fence

Postby Conveyancer » Tue Apr 12, 2016 4:31 pm

Whether Thelma can claim title by adverse possession is not entirely clear. The consent given by the former neighbour expired when he moved. If the current neighbour did not in turn give consent then, assuming all the required conditions are fulfilled, Thelma is now in adverse possession. Even if there is no adverse possession, there may come a time when a neighbour will be estopped from claiming the land back for his own use.

Whatever the legal position, as suggested, in cases like this it is probably best to take the line of least resistance and move the fence if asked to do so.

For the record, if you erect a fence on your neighbour's land it becomes his fence.
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Re: boundaries and fence

Postby thelma » Tue Apr 12, 2016 6:17 pm

hi,yes the present neighbour has always known it was my fence and never had a problem with it,i just want to be prepared
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Re: boundaries and fence

Postby jonahinoz » Sat Apr 16, 2016 7:49 am

Hi,

.... However when the owner who gave you permission left, the 12 year close will have started to run. ... I didn't know that, learn something new every day.

Although Thelma cannot move the sleepers, somebody can ... but it's going to cost. But if she is right, and they cannot be moved, then I would think about drilling large diameter holes in the sleepers (They are wood?) and drive some of those metal post sockets with spikes into the timber. If the timber is sound, and level, it would be easier to use the sockets that require four screws ... use coach screws (big woodscrews with a hexagon head). Sockets and screws are in SCREWFIX and TOOLSTATION catalogues, fence posts are in B&Q garden centres (so are the sockets, but cheaper from the above catalogues).

The obvious solution (and I would be reluctant too) would be for Thelma to move the fence to her side of the sleepers. There may be reasons why it would be impractical to do so ... and it will cost more too. I recently erected a fence ... 4" square posts at 6ft spacing, sunk into POSTCRETE, panelled with 6" x 1" planks held on with TORX drive decking screws. Fence was about 100ft, by 6ft high, cost a little over £10 per foot. Did the work myself (late seventies). Not even my fence, but good fences make good neighbours.

John W
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Re: boundaries and fence

Postby arborlad » Sat Apr 16, 2016 6:44 pm

nothingtodowithme wrote:For the record, if you erect a fence on your neighbour's land it becomes his fence.
[b]


If a fence is erected on a neighbours land it is a trespass in the law of tort.
Op as you had permission to erect said fence beyond the boundary you would not be able to claim adverse possession;although you do remain the owner of the fence.
:)



I have never known Conveyancer to be wrong on such matters - this is no exception.
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Re: boundaries and fence

Postby thelma » Sat Apr 16, 2016 7:52 pm

i suppose the only consolation,is that because i had permission from the original neighbours that the fence is mine and that i can take it down and move it onto my side of the boundrie line.Thanks everyone for your advise and comments

thelma
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Re: boundaries and fence

Postby Conveyancer » Mon Apr 18, 2016 1:28 am

thelma wrote:i suppose the only consolation,is that because i had permission from the original neighbours that the fence is mine and that i can take it down and move it onto my side of the boundrie line.


Not quite the case. Whether you have permission to put the fence up or not, if the fence is erected on the neighbour's land it is the neighbour's fence. Even if the neighbour concedes you may remove the fence and do what you like with it, it is still part of his property until severed from the land. If the neighbour sells before the fence is removed, the licence to remove the fence lapses.
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Re: boundaries and fence

Postby MacadamB53 » Mon Apr 25, 2016 11:04 am

Hi Conveyancer,

welcome back - your presence has been missed.

For the record, if you erect a fence on your neighbour's land it becomes his fence.

I'm very grateful that you posted the above - I've said as much on here this past two years but without your credo I believe it fell on deaf ears in the main.

Warm regards, Mac
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Re: boundaries and fence

Postby Morgan Sweet » Mon Apr 25, 2016 11:34 am

An interesting subject and confusing (to me at least). Found this opinion regarding erection of fences, you have to scroll down to REPLACEMENT FENCE LEADS TO CONFUSION. Is this correct?

http://boundary-problems.co.uk/boundary ... ences.html
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Re: boundaries and fence

Postby Dylis » Tue Apr 26, 2016 1:14 pm

Our garden and the neighbours garden is divided by a fence. Errected with consent, to the neighbours next door, and given by the old lady who used to own our house before we bought it. So, in our deeds it says we must maintain the fence and walls that divide our gardens with next door. Does this suggest that we then own the new fence our neighbours errected....So, whose land is it the fence sits on?
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Re: boundaries and fence

Postby arborlad » Wed Apr 27, 2016 4:17 pm

nothingtodowithme wrote:
Morgan Sweet wrote:An interesting subject and confusing (to me at least). Found this opinion regarding erection of fences, you have to scroll down to REPLACEMENT FENCE LEADS TO CONFUSION. Is this correct?

http://boundary-problems.co.uk/boundary ... ences.html




Yes it is indeed all present and correct!
:D :D



Is this an attempt at humour or are you referring to something specific?
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