Boundary change

Boundary change

Postby dphil64 » Mon Apr 28, 2014 1:53 pm

hello i've recently had my fence replaced However to avoid having to make a bespoke panel because of a dog leg in the original line - the last panel and post has encroached into my neighbours property by about 2 feet -my neighbour has no real issue over this however we are both concerned that if either of us comes to sell there may be boundary line issues probably resuting in potential legal fees/disputes - has anyone got any advice on this? I'm considering writing up an agreement for both of us to sign and keep
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Re: Boundary change

Postby MacadamB53 » Mon Apr 28, 2014 2:42 pm

Hi dphil64,

you haven't mentioned what has been agreed...

Kind regards, Mac
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Re: Boundary change

Postby dphil64 » Mon Apr 28, 2014 3:53 pm

Hi mac - nothing has been agreed yet tho the neighbour is happy enough (i think!) about the new fence / position he is just concernced about any future or potential boundary dispute if either of us comes to sell
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Re: Boundary change

Postby MacadamB53 » Mon Apr 28, 2014 4:02 pm

Hi dphil64,

if nothing has been agreed yet then what advice are you expecting?

I'm intrigued by the layout though and why the fence MUST be sited differently to how it was set out beforehand...

Kind regards, Mac
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Re: Boundary change

Postby dphil64 » Mon Apr 28, 2014 4:17 pm

mac
there was a dogleg to the fence lines consisting of a half-sized panel - the fencer and I agreed to replace with two full panels instead of a panel and a half

a bit of misunderstanding and i wasn't there when it was erected resulting in the last post encroaching into neighbours land by approx 2feet
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Re: Boundary change

Postby MacadamB53 » Mon Apr 28, 2014 5:25 pm

Hi dphil64,

how will he or his successor be able to make use of their property if you've fenced it off from them?

is there any reason you can't rectify the mistake some time soon?

Kind regards, Mac
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Re: Boundary change

Postby arborlad » Mon Apr 28, 2014 8:27 pm

dphil64 wrote: - the last panel and post has encroached into my neighbours property by about 2 feet



I get the impression it is the length of this fence that is wrong, rather than any other fault..........am I correct?
arborlad

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Re: Boundary change

Postby dphil64 » Tue Apr 29, 2014 7:44 am

Thanks for your replies

i've drafted up an written agreement which i have given him to ponder over - like i said our relationship is still amicable and i would like to keep it that way

he (like me) is only concerned about a future boundary dispute

the 2 feet in question is in a corner behind a garage so would not obstruct anything or anyone

i would put a sketch on but i can't do that on here
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Re: Boundary change

Postby MacadamB53 » Tue Apr 29, 2014 8:01 am

Hi dphil64,

i've drafted up an written agreement which i have given him to ponder over

without a view of WHAT you are agreeing it is pointless asking for advice - because some things are a good idea and some things are a bad idea.

it's not as simple as saying "an agreement is a good idea"

Kind regards, Mac
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Re: Boundary change

Postby despair » Tue Apr 29, 2014 8:10 am

Any half competant fencer can alter a standard width fence panel to the correct length needed

just as numerous DIY people can

that would have saved all this hassle
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Re: Boundary change

Postby Fairperson » Tue Apr 29, 2014 8:39 am

Hi,

I wonder whether a personally drawn up agreement would hold water legally? legal bods will know better.

If your neighbour is entirely in agreement with the change of boundary and unconcerned about his small loss of land, it would be best to 'have the boundary change recorded in both sets of deeds by land registry.
You could give them a call to enquire.

An accurate surveyor's plan of the boundary might be required? If so, you could offer to pay for this.

FP
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Re: Boundary change

Postby arborlad » Tue Apr 29, 2014 10:04 am

dphil64 wrote:.........the 2 feet in question is in a corner behind a garage so would not obstruct anything or anyone



There is good argument that the more inaccessible and out of sight something is, the better it should be defined and secured.

Boundaries are whatever length they are, not some convenient multiple of the ubiquitous 6' panel.

There was a recent thread where a panel fence was 1'/300mm longer than it should have been, this was being incorrectly interpreted to surmise that another fence was wrong - it wasn't.

Get your fencer back to do it correctly, whatever it costs, will be a lot cheaper than the alternative.
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