Fence to be erected on shared boundary line

Fence to be erected on shared boundary line

Postby angryjohn » Tue May 26, 2015 5:34 pm

Back neighbour plans to erect fence on shared unmarked boundary line, per our Deeds, or must it be built a specified distance within his side of this boundary line?

Disagreement on precise boundary line, a foot or more, but no visible evidence on the ground - said to be 'tree line' between adjacent properties, my property has no trees along this line as space once farm gate entrance to field.
'
How do you define the 'tree line'; from the middle between nearest trees or from the outer branch edges of these trees?

Neighbour taking middle of tree line and has been lopping off branches and leaving them my side of this unmarked line.

I have a 2m timber fence, with gate, built about a metre inside this line to go round a very old hazel tree that stands fully within my side of the unmarked boundary line, per old OS maps.

When I moved in 9 years ago, there were a number of old wooden marker posts that I believe were to indicate the 'tree line', but these posts have long since disappeared. Hence, his new fence will be closer to my existing timber fence.

The gate provided access to japanese knotweed - once endemic on this hill-side site, but now contained - and to remove falling soil that accumulates against my fence.

Off or on the unmarked line?
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Re: Fence to be erected on shared boundary line

Postby MacadamB53 » Tue May 26, 2015 7:56 pm

Hi john,

shared unmarked boundary line, per our Deeds

are you saying your boundary has been determined and this is recorded on HMLR?

the unmarked boundary line, per old OS maps

OS don't plot property boundaries on their maps - a fact they make absolutely clear to anyone who asks.

you don't mention - who planted the trees?

Kind regards, Mac
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Re: Fence to be erected on shared boundary line

Postby angryjohn » Mon Jun 01, 2015 12:33 pm

Mac

Appreciate response. Prepared 3 lengthy responses with attachment photo - all of my submissions failed - time-limit or aerial photo attachment ??

Although OS do not mark boundaries, within the past year, I have unearthed an old stone retaining wall used to level off the the land in the adjacent site. This has to be the line on the OS maps, but has been used as buyers and sellers as the boundary line over the years. I was hoping that a concrete post and wire fence built some 6' from my fence a by the mine owner pre-1953 could be argued as being the boundary line.

This ancient retaining wall, whether inside or outside my boundary, had been buried under several feet to make access between two fields

Our properties were once part of a colliery site closed in 1966.

Thanks for your help - it seems to be a no win situation.

John F
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Re: Fence to be erected on shared boundary line

Postby MacadamB53 » Mon Jun 01, 2015 1:15 pm

Hi john,

none of us can post images - the storage is maxed out.
the current workaround is to upload them to a third party site (I use www.tinypic.com) then paste the URL here.

hope that makes sense...

Kind regards, Mac
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Re: Fence to be erected on shared boundary line

Postby angryjohn » Mon Jun 01, 2015 8:47 pm

Mac

If it is of interest to you, photo uploaded:

http://tinypic.com/view.php?pic=f4hedf&s=8#.VWywOkbkW9s

Perhaps. you can makes sense of my last post
- not in the military solo!

Tinypic - a nice to know useful site.

Thanks

John

PS Just my luck - this part of the pit appears in four OS sheets and photos - but in adjacent corners/
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Re: Fence to be erected on shared boundary line

Postby MacadamB53 » Mon Jun 01, 2015 8:58 pm

Hi angryjohn,

could there have been a practical reason for that fence being erected along that line - the final few yards of those gardens look like a bank to me...

Kind regards, Mac
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Re: Fence to be erected on shared boundary line

Postby angryjohn » Tue Jun 02, 2015 11:56 am

Mac

Reply to follow - another 'Lost in Submission' !

John
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Re: Fence to be erected on shared boundary line

Postby angryjohn » Tue Jun 02, 2015 3:37 pm

Hi again

Yes, there are banks, but we are two developments on a fairly steep hill-side, not only up and down, but with a transverse slope.

The level at the miners' house is 9.50m and at my fence 6.69 and probably another 2m from my fence to my back door. So, quite a high % inline.

The track in the photo must have been levelled off but with down but above the retaining wall - perhaps .50m, with a slope continuing down through the tree-line. The sloping field below the trees, now my back garden, has been levelled off in part nearer the trees, but my back patio is 5m + below the level of the miners' houses.

Consequently, the land immediately behind my fence is about 1m below the tree-line but then slopes up towards the area of the track that became a dumping ground from much of the debris from the demolished houses. So, with the claimed boundary, I have a metre step up, but only .50m of level ground on top with his claimed boundary. It is mostly coal dust debris that has been used to make the access between the two sites; it is unstable to my weight making me prone to fall the metre down against the fence. To have the boundary line back, less than a metre, which would be 'the other side of the tree-line, and more or less, the line of the concrete post fence at the bottom end of the miners' houses garden.

To me, the tree positioning makes sense that whilst a screen between the houses and the grazing field, the tree roots would make to soil behind the ancient retaining wall more stable.

We have 60" plus of rainfall and soggy soft hill-sides are prone to slip a little over time.

I do not think that I have an overly strong argument to claim the higher boundary even though some red topped boundary posts have been removed and the neighbour bases his claim on an oral statement from my developer that the tree-line is the boundary - to the base of the tree trunks and chopped over hang being my responsibility. From our side of the fence, we were told that our boundary was the other side of the trees (nearer the concrete posts).

The owners of the site bought their land from the local council and one of the owners is/was an officer of the council.

So, I am in a no win situation.

Appreciate your input, thanks

John

PS Is there a public record available of beneficiaries receiving brown field grants?
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Re: Fence to be erected on shared boundary line

Postby MacadamB53 » Tue Jun 02, 2015 8:54 pm

Hi john,

can we see a plan of the area showing your property (redact the street names).

Kind regards, Mac
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Re: Fence to be erected on shared boundary line

Postby angryjohn » Wed Jun 03, 2015 9:46 pm

Mac

We are having quite a number of exchanges - am I likely to/ or have incurred legal fees - If so, need to reconsider/

Meanwhile, some. details - should three, but you should be able to identify them. Having trouble editing draft file.

May send more tomorrow.


http://tinypic.com/r/2uf85n8/8

http://tinypic.com/r/23k3tk2/8

http://tinypic.com/r/2jag9bc/8

John
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Re: Fence to be erected on shared boundary line

Postby MacadamB53 » Wed Jun 03, 2015 9:58 pm

Hi john,

We are having quite a number of exchanges - am I likely to/ or have incurred legal fees - If so, need to reconsider

just in case the above is serious, don't worry - the members of this forum offer info/guidance for free.

Kind regards, Mac
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Re: Fence to be erected on shared boundary line

Postby Collaborate » Thu Jun 04, 2015 12:19 am

Is it just me, or do the 3 uploaded plans/aerial shots all seem to refer to 3 completely different properties?
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Re: Fence to be erected on shared boundary line

Postby angryjohn » Thu Jun 04, 2015 1:10 pm

Collaborate: Same boundary dispute between adjacent properties.

Mac

Apologies for omitting tags!

http://tinypc.com/r/2jag9bc/8 Copy from my LR 2007- pink area - dispute with owner of adjacent site marked by red dotted line that is/was the housing area aerial photographed 1953. The lighter coloured area; in that top second quarter, is the fill-in from the track down to the grazing area with farm gate access - no trees - there is a drop of about 1.0m to the grazing area; my plot.

The track, concrete post fence - post laying nearby -, houses, gardens and privies were demolished post 1966. The argument of tree-line boundary lies between my fence and above the ancient retaining wall - recently exposed - and the shrubs - at least a metre separation. In the last two weeks, the derelict land, close but beyond the tree-line, has been bulldozed level between landfill bank - see newly attached plan. Planning app not required for significant landfill.

http://tinypic.com/r/23k3tk2/8 'Fence detour round tree'; shows disputed area - pink. My fence was erected - for me - on the wrong side of an ancient hazel tree (mine). I agreed beforehand with the developer, but no change in title rights.

http://tinypic.com/r/2ev5fdz/8 - Landfill 2010. Only purpose to show present area of of the original hill-side slope of 2007.

http://tinypic.com/r/2uf85n8/8 - Photo of /r/23k3tk2/8

Not quite mastered tinypic.

Hope previous exchanges can be matched to tinypic images


John
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Re: Fence to be erected on shared boundary line

Postby arborlad » Tue Sep 22, 2015 7:56 pm

angryjohn wrote:
'Fence detour round tree'; shows disputed area - pink. My fence was erected - for me - on the wrong side of an ancient hazel tree (mine). I agreed beforehand with the developer, but no change in title rights.


John



Your really not helping yourself by having so many threads on the one topic.

Had I read the above at the time, I would have strongly advised against it. The law presumes you will fence to the fullest extent of your land.
arborlad

smile...it confuses people
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Re: Fence to be erected on shared boundary line

Postby arborlad » Wed Mar 22, 2017 1:31 pm

arborlad wrote:
angryjohn wrote:
'Fence detour round tree'; shows disputed area - pink. My fence was erected - for me - on the wrong side of an ancient hazel tree (mine). I agreed beforehand with the developer, but no change in title rights.


John



Your really not helping yourself by having so many threads on the one topic.

Had I read the above at the time, I would have strongly advised against it. The law presumes you will fence to the fullest extent of your land.
arborlad

smile...it confuses people
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