Where do we start with boundary problem?

Where do we start with boundary problem?

Postby felinefancy » Wed Apr 06, 2005 11:16 pm


This is probably a frequent post... so apologies if anyone feels very sleepy if choosing to read this... just need some advice.

We've been in our house almost a year. Six months ago, in discussion with neighbour, she 'decided' we would both have our gardens levelled. Diggers came in to do ours and hers (only access to her back is through ours). Gardens 'done' (ours is a complete mess, three tiers and top one too high to get into rest of garden - all digging work done by a local whilst hubby and I were at work!!!). Neighbour then decided to put up a fence - great we thought. Came home one night, fence up 6ft high and looking quite ugly and then we spotted it... bottom third of fence like a dog's hind leg! Encroaching about 3ft into our garden. Her argument was a tree stump was in the way so she couldn't go in a straight line! Since then we, and friends, have tried to make her see what's gone wrong and to rectify it but she's not having any of it. We then received a letter from her asking us for our solicitor and to arrange to have a surveyor sort the problem out and so she can reinstate the original wire fence. We didn't want to go down the legal road so ignored the letter, hoping to sort it out between ourselves. Then, one evening we spotted her hammering the panels out at the bottom, leaving just the posts. That's the last thing that's occurred. We now want to sort our garden out but with the fence problem just don't know how to solve it. We have the deeds and title plan so will compose a letter but feel she's just going to want to down the legal road to solve the problem. (For info, the previous owners of our property took a look at the fence and said the original fence was definitely in a straight line.) Firstly, should boundaries, such as ours, be in a definitive straight line; do we have any right to remove the offending third of the fence from our property; what can we do if she only insists on legal action?

Thanks for reading this, and any advice at all!

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Postby despair » Wed Apr 06, 2005 11:37 pm

Firstly your neighbour has absolutely no right whatsoever to move the boundary tree stump or no tree stump

You are fully entitled to restore the original boundary line by removing her posts and panels and either relocate them correctly or put in your own fence tight up to hers but on your side of the boundary line

The previous owner has declared where the boundary is and thats it

If you neighbour insists on any legal nonsense .......check every one of your insurance policies and credit cards union membership to see if legal expenses cover is included

If you do not have any and while it wont help with this problem its vital especially with a neighbour like this that you add it on so any future problems can get resolved

Whatever you do when you correct the fence do not damage what is essentially her property ....ie her fence posts and panels

Best bet is to get friends round with a video camera and film everything too

The more of you involved the less likely she is to cause trouble

When you have relocated the fence ......plant some trees or shrubs the same day up close to the fence and take photos too
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