Help with Neighbour's Fence Request

Re: Help with Neighbour's Fence Request

Postby ukmicky » Sat May 20, 2017 7:57 pm

So the surveyor is correct in that the legal presumption is that the boundary is a straight line unless indicated differently by the deeds. Your fence line has a kink in it in order to create more space around the buttress so has at sometime been incorrectly erected and has either encroached onto your neighbours land or your neighbour has been gifted a small area of land. The fence has probably been placed on land owned by your neighbours at that point for obvious reasons.



To determine who has lost land and who has gained that a court will look at old permanent features such as brick walls and posts and draw a straight line using them , if there are any. I cant see the front garden wall of your house or the end point of your rear garden so I cant make a judgement on them but I can see a small wall alongside the fence which suggest your fence is now sitting on your neighbor property.

Yes you have a path way and you can try and use that as evidence as to why the fence is in the right position but can you prove that it is the original pathway and was not re-laid. Unless its been repointed at sometime there is no way it is 30 or even 20 years old btw.

Once they have determined where the legal boundary was originally,if asked they will then look at adverse possession , can you prove the fence has been in that position 10 years plus.

It I bought your house I would look at that fence line and would be of the opinion someone at sometime has performed a small land grab. At the minimum I would say the fence should be straighten by the buttress.and brought more over your side . You wouldn't have to relay the paving it can be cut through . A large angle grinder with a stone cutting disk from HSS would do the job .
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4544
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

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: Help with Neighbour's Fence Request

Postby mugwump » Sun May 21, 2017 8:40 am

Looking at the original picture and words. The fence runs to the right of the plinth in the foreground and according to the OP there is a similar plinth at the far end but on the neighbours side. It may well have been a decision of both parties that it runs that way to afford the OP space around the buttress and done the opposite at the far end to 'even' things up.

Worst case scenario assuming​ the plinths are part of the original boundary feature is that Option would only lose a bricks width of the path if the fence was moved but gain similar at the far end

Surely with the amounts involve we are in de minimus territory here.
mugwump
 
Posts: 430
Joined: Tue Jul 10, 2007 6:34 pm

Re: Help with Neighbour's Fence Request

Postby ukmicky » Sun May 21, 2017 9:24 pm

mugwump wrote:Looking at the original picture and words. The fence runs to the right of the plinth in the foreground and according to the OP there is a similar plinth at the far end but on the neighbours side. It may well have been a decision of both parties that it runs that way to afford the OP space around the buttress and done the opposite at the far end to 'even' things up.

Worst case scenario assuming​ the plinths are part of the original boundary feature is that Option would only lose a bricks width of the path if the fence was moved but gain similar at the far end

Surely with the amounts involve we are in de minimus territory here.

Its only de minimus if the impact is trivial and not worth the courts time.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
Posts: 4544
Joined: Sat Sep 27, 2008 10:13 pm
Location: London

Previous

Return to Boundaries

Who is online

Users browsing this forum: Google Adsense [Bot] and 2 guests