Re-establishing Boundary line!

Re: Re-establishing Boundary line!

Postby arborlad » Mon Jun 05, 2017 9:34 pm

timbuktoo&backagain wrote:The issue now is more about where he's cut into it, over the shared line into our garden, but we didn't know if he could legally claim the extra land he's been using/treating as his own, regardless of the boundary - our experienced fencing contractor was shocked when he saw it so it's not just us!




No, there's no possibility of that, irrespective of his actions.
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Re: Re-establishing Boundary line!

Postby timbuktoo&backagain » Tue Jun 06, 2017 10:06 am

Thanks Arborlad, that's great to know, many thanks for your advice!
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Re: Re-establishing Boundary line!

Postby jdfi » Tue Jun 06, 2017 11:21 pm

arborlad wrote:
timbuktoo&backagain wrote:The issue now is more about where he's cut into it, over the shared line into our garden, but we didn't know if he could legally claim the extra land he's been using/treating as his own, regardless of the boundary - our experienced fencing contractor was shocked when he saw it so it's not just us!




No, there's no possibility of that, irrespective of his actions.


Are you sure?

timbuktoo&backagain wrote:
We have been in the house for nearly 11 years and the boundary was out before we bought the property.

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Re: Re-establishing Boundary line!

Postby arborlad » Wed Jun 07, 2017 7:51 am

jdfi wrote:Are you sure?




I've read nothing to make me think otherwise, so, yes - I'm sure.
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Re: Re-establishing Boundary line!

Postby mr sheen » Wed Jun 07, 2017 8:22 am

So.....without seeing any actual documents, without seeing the actual properties involved and without seeing any other evidence or correspondence...Arborlad is giving legal advice that he is 'sure' of...... :roll:
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Re: Re-establishing Boundary line!

Postby Roblewis » Wed Jun 07, 2017 8:37 am

arborlad is also considering that an experienced surveyor also felt it was a straight forward matter. Whatever one does to the above ground part of a hedge the original root line can be traced by a reasonable land surveyor. This in itself will give a reasonable and might I say compelling argument to any court that this is the boundary regardless of how a hedge has been manipulated or butchered. I personally would pay the surveyor to supervise the fencers and certify the end result, complete with a pictorial progress set of photos.

We should also remember that adverse possession requires the occupation to be without force, pushing and chopping/butchering one side of a hedge is in my view an act of force.
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Re: Re-establishing Boundary line!

Postby arborlad » Wed Jun 07, 2017 9:34 am

mr sheen wrote:So.....without seeing any actual documents, without seeing the actual properties involved and without seeing any other evidence or correspondence...Arborlad is giving legal advice that he is 'sure' of...... :roll:




When the OP purchased, the limit of their land was the centre of the shared hedge, none of the neighbours actions - as described, are sufficient to make any changes to that.
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Re: Re-establishing Boundary line!

Postby mr sheen » Wed Jun 07, 2017 9:36 am

arborlad wrote:
mr sheen wrote:So.....without seeing any actual documents, without seeing the actual properties involved and without seeing any other evidence or correspondence...Arborlad is giving legal advice that he is 'sure' of...... :roll:




When the OP purchased, the limit of their land was the centre of the shared hedge, none of the neighbours actions - as described, are sufficient to make any changes to that.


And you KNOW this how?
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Re: Re-establishing Boundary line!

Postby timbuktoo&backagain » Wed Jun 07, 2017 11:38 am

Can I just ask if anything would prevent us from putting up a 6 foot fence with posts on our side of the boundary line - and whether we need to be aware of anything if we do this? Our covenants allow for a fence up to 6 feet in height.

Any advice would be appreciated.

Many thanks
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Re: Re-establishing Boundary line!

Postby MacadamB53 » Wed Jun 07, 2017 11:56 am

timbuktoo&backagain wrote:Can I just ask if anything would prevent us from putting up a 6 foot fence with posts on our side of the boundary line - and whether we need to be aware of anything if we do this? Our covenants allow for a fence up to 6 feet in height.

Any advice would be appreciated.

Many thanks
if you want a 6ft fence anywhere on your land then go ahead and install that fence - perfectly legal and lawful.
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Re: Re-establishing Boundary line!

Postby timbuktoo&backagain » Wed Jun 07, 2017 12:15 pm

Thanks for the reply MacadamB52,

At the minute the neighbour is agreeing to the removal of the hedge (which is nearly all on our side now). If he were to go back on the agreement when he my husband informs him that we have decided upon a 6 foot fence, would we just cut it back as best as possible to the boundary line - even if that takes it down to roots?

It's collapsed and riddled with ivy, so I'm really not sure how it could be salvaged - I don't want to get into trouble for causing criminal damage or similar!

Kindest
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Re: Re-establishing Boundary line!

Postby arborlad » Wed Jun 07, 2017 12:38 pm

MacadamB53 wrote:
if you want a 6ft fence anywhere on your land then go ahead and install that fence - perfectly legal and lawful.[/quote]



When somebody is unsure of a course of action - the above does nothing to reassure them :?
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Re: Re-establishing Boundary line!

Postby MacadamB53 » Wed Jun 07, 2017 1:20 pm

timbuktoo&backagain wrote:Thanks for the reply MacadamB52,

At the minute the neighbour is agreeing to the removal of the hedge (which is nearly all on our side now). If he were to go back on the agreement when he my husband informs him that we have decided upon a 6 foot fence, would we just cut it back as best as possible to the boundary line - even if that takes it down to roots?

It's collapsed and riddled with ivy, so I'm really not sure how it could be salvaged - I don't want to get into trouble for causing criminal damage or similar!

Kindest
sorry, I must've misunderstood the situation - thought you were now thinking of installing a fence without removing the "shared" hedge.

as it's "shared" it cannot be removed without both owner's consent.

you mention that in previous conversations the other owner has agreed to the removal - has this been consistent or have there been times when he's said the opposite or been undecided?

Kind regards, Mac
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Re: Re-establishing Boundary line!

Postby despair » Wed Jun 07, 2017 3:12 pm

i would push the hedge back to the neighbours side bit by bit and install the fence you side of heavily cut back hedge also section by section

"slowly slowly killhe monkey "
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Re: Re-establishing Boundary line!

Postby timbuktoo&backagain » Wed Jun 07, 2017 3:25 pm

Thanks MacadamB53

He has agreed to the hedge removal and to a replacement fence - up to today - as well as demanding a fence that he likes to be paid in full by us - but he has just now refused to allow the hedge removal following my husband talking (politely) to him earlier.

My husband went round to discuss the planned works and said that we would prefer to stick with a 6 foot fence on our land. He's now threatening legal action because he doesn't want to look at a six foot fence - even on our land...but would still agree to a smaller fence.

As we'd like to move at some point I don't want to go down the solicitors route (and can't afford to either) as I think we would have to declare it as part of sale. Tbf, we've managed to live peaceably with him for 11 years by avoiding any confrontation and allowing him to have his own way all the time, so there haven't been any disputes as such between him and us, basically as we've managed to avoid him most of the time.

He still seems happy to have the hedge removed for a smaller, much less private fence put in, so for our purposes I think we're going to have to suck it up, let him have his way and do just that in order to get the job done - then seriously look at moving as soon as we can. Our son has been very ill and I don't think as a family we can cope with any more stress.

Thanks for the advice.
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