A close shave. Hopefully.

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Alicia
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A close shave. Hopefully.

Post by Alicia » Thu Jan 19, 2012 10:18 am

Nine and a half years ago we applied for planning permission for an extension (which was granted but we never built). At that time there were no fences between us and our neighbours. On the plans our boundary was marked with a note "fence to be erected at a later date".

Roll forward to Jan 2012 and we put in an application for an extension. The council refused to register it saying that the site plan didn't match the block plan. Sometime between the two applications next door put up a little fence - which we now see is ten metres onto our land. Overall it reduces our plot by about 20%. I've no idea how we missed this at the time except that there's a bit of a hedge in the way, and there has been a lot of family stuff going on in recent years to distract us.

We've sent a letter asking them to confirm they will be removing their fence from our land as soon as possible. Fortunately there's documentary proof (by way of a drawing stamped with the date by the planners) that there was no fence 9.5 years ago.

Next door is owned by a company who let it out, and so I'm not really expecting any trouble with the tenants - they don't even do the gardening as the company sends a man round. Awaiting their response now. Feel we've cut this rather fine.
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span
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Re: A close shave. Hopefully.

Post by span » Thu Jan 19, 2012 4:01 pm

Get around and get your own fence up on your proper boundary asap. Remove their fence and return it to them. Don't wait for them or depend on them to do the decent thing.

Alicia
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Re: A close shave. Hopefully.

Post by Alicia » Thu Jan 19, 2012 4:20 pm

Yes - I'm thinking you're probably right there.

But I think it's fair to notify them and give them the opportunity to sort it out. They have always been considerate to us in the past.
I sent a letter this week. I'll wait until a week has passed.

When I say they put up a "little fence" I mean that it's only 1.2m high - but it's 80 long. It would take some effort to shift it. And a fair few skips. I'd rather they moved it.
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Roblewis
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Re: A close shave. Hopefully.

Post by Roblewis » Thu Jan 19, 2012 7:24 pm

You are too kind this was a straight try on as a land grab by the company or a tenant. Put your own up asap or you will find yourself on a loser. If you do not enforce the boundaries for 10 years then AP can follow and the courts believe owners enforce their occupation of land and if they do not then they lose the right to own. Simply put the fence back on their land - Do not cart it away. You are implying an 800m2 land loss

Alicia
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Re: A close shave. Hopefully.

Post by Alicia » Thu Jan 19, 2012 7:41 pm

Roblewis wrote: Simply put the fence back on their land - Do not cart it away.
Hadn't thought of that :oops:
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