Compensation for fence in wrong position.

Compensation for fence in wrong position.

Postby tish341 » Fri Apr 07, 2017 3:17 pm

Hi all, could do with some advice please, I think i've got it right but just in case....... we bought our house nearly a year ago, it was part of a bigger site but the other property on the site was not legal as it was a garage that had been developed into a 2 bed bungalow without planning permission, so we negotiated with the owner and bought the main house and a substantial part of the garden. We agreed the boundary line which would run through the bottom section of a pond on our land and the owner agreed to put up a fence dividing the two properties. The previous owner did indeed erect the fence but instead of removing the pond or running the fence through it he built the fence to dogleg around it, he said as the other site was still his he didn't care. Fast forward to this week and we get a visit from the new owner of the site next door, a property developer who very nicely tells us that 'our fence' is on his land and he wants compensation for the loss in value of his property, to which I replied the fence was there when you bought it you must have seen it .....his reply ...I didn't view the property I simply went off the land registry plan.....which doesn't even show his property as it was illegal. I explained to him that the owner of his land had built the fence on his land, I am not disputing the fact its not on the boundary line I know it isn't. he leaves telling me he's sorry to be the bearer of bad news that the what the previous owner did makes no difference now and it is up to us to put this right and he is going to get a surveyor and solicitors involved...... off he goes and I start to do some research as I was sure I recognised his name from somewhere. Turns out that this property developer acted as an agent for the previous owner to get the illegal bungalow a certificate of established use.....so more than likely he did indeed see the property and the fence and most definitely knows the previous owner in fact I found doing a bit of googling companies that they have together......Anyway here is the crunch am I right in that .......as I don't dispute the position of the boundary line as drawn on the os plan......and as the previous owner built the fence on his own land......really I don't have to do anything, he can move the fence if he wants to its his.....good thing I wasn't intimidated by him and his threats but I can see how others might have been. Advice greatly appreciated. Tish
tish341
 
Posts: 2
Joined: Wed Apr 05, 2017 3:10 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.
 

Re: Compensation for fence in wrong position.

Postby Janieb » Fri Apr 07, 2017 7:39 pm

Not being controversal but some paragraphs would help us to understand your query
"I prefer rogues to imbeciles, because they sometimes take a rest" Alexandre Dumas (fils)
Janieb
 
Posts: 219
Joined: Fri Feb 25, 2005 1:44 am

Re: Compensation for fence in wrong position.

Postby mr sheen » Fri Apr 07, 2017 7:57 pm

Don't see what the problem is. You seem to accept the boundary goes through the fish pond so the matter can be resolved easily. The new owner can re--fence in the correct position passing through the fish pond, at his own expense. Since he is a developer they will probably write with their claims.
mr sheen
 
Posts: 2092
Joined: Fri Feb 27, 2009 3:33 pm

Re: Compensation for fence in wrong position.

Postby arborlad » Sat Apr 08, 2017 7:34 am

tish341 wrote: We agreed the boundary line which would run through the bottom section of a pond on our land and the owner agreed to put up a fence dividing the two properties.




How big is the pond, is it natural or artificial?

Doesn't make much sense to exclude part of a feature.
arborlad

smile...it confuses people
arborlad
 
Posts: 7382
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Compensation for fence in wrong position.

Postby Roblewis » Sat Apr 08, 2017 10:49 am

arborlad

Could even be like the local angling club pond of 4 acres surface area :D
Roblewis
 
Posts: 1763
Joined: Mon Jan 24, 2011 12:41 pm

Re: Compensation for fence in wrong position.

Postby tish341 » Sat Apr 08, 2017 2:22 pm

Thanks for your replies, I know would have been clearer with paragraphs but sometimes you get carried away......

The boundary in question is roughly about 25 meters in length, the fence that has been erected for the bottom 10 meters is on the boundary line and then deviates to follow the outside of the pond (roughly 7m x 10m above ground concrete man-made funny oblong shape) with some very established planting around it. In the worse position the fence has been set back roughly 1.5m and then tapers until it meets the back wall of the property where it is set in 200mm on his side.

I absolutely accept the fence is not on the boundary line and have no objection to him moving it, but unfortunately that's not how he has approached the situation. He simply kept talking about compensation and loss of value to his property and I really just wanted to make sure I was correct in my thinking that really it is his responsibility and the onus is on him not me.
tish341
 
Posts: 2
Joined: Wed Apr 05, 2017 3:10 pm

Re: Compensation for fence in wrong position.

Postby pilman » Tue Apr 11, 2017 2:02 pm

The new owner of the adjacent property has found that the original owner erected a fence that excluded part of the pond that was included in the property because it was easier to have the fence erected alongside the pond rather than asking a fencing contractor to erect fence posts in the middle of the pond.

None of that has anything to do with you, so if the new owner you refer to as a "developer" makes any more claims you just need to tell him to stop wasting your time.

When I used to develop housing and spent time on building sites then there would have been a two word response to any neighbour making such a claim.
The second word would have been "Off" although the first word would probably not have been "Push"
pilman
 
Posts: 2837
Joined: Thu Mar 11, 2010 5:08 pm

Re: Compensation for fence in wrong position.

Postby arborlad » Tue Apr 11, 2017 2:59 pm

tish341 wrote:... so we negotiated with the owner and bought the main house and a substantial part of the garden. We agreed the boundary line which would run through the bottom section of a pond on our land and the owner agreed to put up a fence dividing the two properties.





I'm still struggling to understand your thinking on this, do you want the pond or not?...........if you do, are there any pumps, filters, lights etc., where are they located, where does the power come from for these?.......what if the pond develops a leak in a section you don't own?
arborlad

smile...it confuses people
arborlad
 
Posts: 7382
Joined: Sun Jul 09, 2006 6:30 pm
Location: Hertfordshire

Re: Compensation for fence in wrong position.

Postby SwitchRich » Tue Apr 11, 2017 3:59 pm

This has the makings of a good story! :)
Please do keep the forum updated as you go.
Sounds like this guy is trying it on so it should be fun throw this one back over the proverbial fence :)
SwitchRich
 
Posts: 98
Joined: Wed Feb 24, 2016 11:34 am

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.
 

Return to Boundaries

Who is online

Users browsing this forum: No registered users and 2 guests