Fence ownership

Re: Fence ownership

Postby arborlad » Tue May 03, 2016 11:22 pm

Best continued here:



NickyBlake wrote:I am currently in dispute with my neighbour regarding fence ownership, I have received a copy of their deeds as they have apparently received them from Land registry. Included is a page that says "lost document page" that states "no electronic image available, the Land registry does not hold a copy of this page". For page number : Plan.

However also included with what I have received is a copy of a plan which is the same as the neighbour obtained from their solicitor a few weeks previously, it has a Land registry stamp which says 'plans branch' and is stamped in red with 'OFFICE COPY' and has the land registry number associated with the property on the edge which looks to be part of a photocopy. (ie the NK and dated stamp are off the edge of the original page)


can anyone offer a clue as to this plan ? does it form part of the official title ? The wording on the deeds state 'land shown and edged with red on the plan bound up within and known as . . . . .' However the plan included has the plot coloured entirely in red ? Other colours are referenced in the wording of the deeds and written on this plan but are not actually visable by their colours

Any foresight appreciated !
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Re: Fence ownership

Postby arborlad » Thu Aug 11, 2016 4:04 pm

NickyBlake wrote:Image




Does the wall in question appear on this plan?
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Re: Fence ownership

Postby NickyBlake » Sun Aug 14, 2016 6:59 pm

Yes, the wall runs across the back of the gardens of the 2 properties and down both sides.
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Re: Fence ownership

Postby NickyBlake » Tue Aug 16, 2016 2:15 pm

I'm going to try and update this thread, now we've reached a conclusion on the fence side of things.

We gathered all the evidence we could which we felt gave us enough proof that we owned the fence in situ and the responsibility to change it. We requested the neighbours seek legal advice if they still wished to refute our 'evidence' and did not hear anything else from them. We replaced the panels swapping one of the shorter panels for a 6ft as a compromise for extra privacy, when it came to replacing the remaining 6ft ones we spoke to the husband who said his wife wasn't happy to allow access but he was fine with it. She appeared home half way through and went mental at him screaming abuse about what we were doing. Anyway we finished the job and moved on.

A few weeks later I came home to find a contractor on their side installing a fence, my father warned him of the closeness of the drain access point on our property which was ignored, subsequently they drilled through the edge of it. When my husband came home he also discovered they had smashed one of our fence supports.

We have had police involvement and requested mediation as the neighbour has made an awful atmosphere between us, they have declined this as they now feel no issue now they have their 6ft fence (their words) however we now have the issue of them removing their section of the garden wall which runs along the end of both our gardens. I've started a thread on the wall forum for this.
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Re: Fence ownership

Postby MacadamB53 » Thu Aug 18, 2016 4:15 pm

Hi NickyBlake,

we now have the issue of them removing their section of the garden wall

I've read and contributed to the other thread about the above and must advise I do not perceive there to be an issue at all - except that you're in danger of creating conflict where none exists...

Kind regards, Mac
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Re: Fence ownership

Postby NickyBlake » Thu Aug 18, 2016 10:44 pm

You may just have to take my word on it, although that's not how you are perceiving it there is on going conflict here. We know it's not about fences or walls (or the 5:45 am alarm call we were given by door slamming only this morning) and we know it won't end here. I'm merely looking for advise and help to make sure i know all i should in advance because there is seemingly such little actual help available to solve the real issue.
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Re: Fence ownership

Postby MacadamB53 » Fri Aug 19, 2016 12:29 am

Hi NickyBlake,

you misunderstand me if you think I'm suggesting there is no issue/conflict between you and the neighbour.

I was advising that, in my opinion, there is no issue with regards to your neighbour replacing his wall - a wall which does not abut your land - with a fence.

you're looking for a problem that do not exist.

Hopeful regards, Mac
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Re: Fence ownership

Postby NickyBlake » Fri Aug 19, 2016 7:36 am

Then yes you do have me confused, how does it not abut our land when their wall and our wall were built as one continous wall ?
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Re: Fence ownership

Postby MacadamB53 » Fri Aug 19, 2016 8:23 am

Hi NickyBlake,

you are right - their wall does abut your property.

it was remiss of me to ignore that, although the length of the wall doesn't abut your land, one end of the wall certainly does.

however, to avoid a potential dispute regarding where the shared boundary meets the wall, and to avoid any damage to your wall, they've decided to leave some of their wall standing.
leave them to it.
only in the event that they cause damage to your property (unlikely, given the above) will there be an issue to consider.

Hopeful regards, Mac
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Re: Fence ownership

Postby NickyBlake » Fri Aug 19, 2016 9:25 am

Thank you, that's clearer now what you meant.

They haven't actually started work on the wall, I think the line sliced into it was just a warning flare sent to show their intentions because they then went away on holiday. We shall see how it progresses I guess.
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Re: Fence ownership

Postby arborlad » Sat Aug 20, 2016 9:25 am

NickyBlake wrote: They haven't actually started work on the wall, I think the line sliced into it was just a warning flare sent to show their intentions because they then went away on holiday. We shall see how it progresses I guess.




Despite assertions to the contrary, your wall is still very much at risk. If the neighbour places his end post where it should be, at the limit of his land.............that location is currently occupied by a footing that is supporting your wall!
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