To build or not to build a fence – that is the question?

manutd99
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Re: To build or not to build a fence – that is the question?

Post by manutd99 » Sat Mar 05, 2016 4:12 pm

I hear you collab, confused and coggy. I have no choice but to do it now or lose it. OK this is it.... Just 1 question so its clear in my head, do I fence the full extent of the house from front to back as per the original deed dimensions (option1) or just the bit where there is no fence in the middle (option2)? This new fence (6ft heras fence) would be 1mm inside the visable boundary line and would sit behind my exitsing fencing at front and rear if 1st option is chosen. CCTV has been fitted this week and is recording everything in case of criminal damage. Very grateful indeed.

Collaborate
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Re: To build or not to build a fence – that is the question?

Post by Collaborate » Sat Mar 05, 2016 5:07 pm

I'd do the whole length. since the middle section was removed the neighbour stopped excluding you from the whole of your land.

manutd99
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Re: To build or not to build a fence – that is the question?

Post by manutd99 » Wed Apr 27, 2016 9:10 pm

Quick update - we built the fence extending the full length of the house last month. We made sure it was INSIDE the boundary line. The neighbour actually came out to have a look, did not object, actually went shopping like nothing had happened! wow.

However, neighbour told me now that he objects to the fence and that he's applied to the Land Registry to determine the boundary.

Recap - Both our original paper deeds have the dimensions written of my neighbours property in an attached boundary map - my fence is definitely built inside by a couple of inches.
Also, my neighbour surveyed his property to determine the boundary in 2015, did not share the conclusions, nor provided any part of it to the LR during the registration of his property a couple of months ago (they wrote to me to confirm no new dimensions had been provided).

Will the LR simply look at both deeds, note the same width, and then let the neighbour know? If my neighbour is claiming more than what is written in the deeds, the LR should let them know - right? Or is there more to the dermination process? Need your advise on the process, and how you see this panning out? Many thanks again.

manutd99
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Re: To build or not to build a fence – that is the question?

Post by manutd99 » Sun Feb 04, 2018 11:57 pm

manutd99 wrote:neighbour told me now that he objects to the fence and that he's applied to the Land Registry to determine the boundary.
... quick update .... the dispute went to the land registry and then was referred to the tribunal.

Both of their LR and Tribunal statements were a pack of lies e.g. they said that the front wall pillar had been built by the house builder when our houses were built in the 50's, and formed the legal boundary line, and was accepted by the original owner of my property, hence it was the original boundary. Not true because I built it 10 years ago as part of my planning application. I even had an estate agents brochure showing it was not there when I bought the house. So their statements of truth were lies!

Also, they said that the "concrete" fence between our properties that I took down 5 years before had been originally built by the housebuilder, and so was the original legal boundary. Again, this was not true because I had an old survey report from the 70's that described there was a "wooden" fence. So they lied again.

Anyway, we both agreed to have a mediation at the tribunal, overseen by the tribunal judge. He was v sympathetic to the old man imo. He's old, he's vulnerable, he's forgot, it's not his fault, he has no money - these were the statements coming from the judge, even the harrassment caught on cctv was laughed off! I felt I had no chance. The neighbour asked for money from me to resolve the issue, and would in return agree to where i said the boundary was. Blackmail imo.

I had to make a decision, spend thousands at the tribunal, maybe not get it back, ... or just give him some money and it legally becomes mine. We agreed on an amount 1.5K, got new plans drawn up, submitted them to the LR, approved, filed, and the case was closed.

Personally, what a waste of 3 years! The system is a joke, but maybe it was conducted in that way to get an outcome. In my case, both won, he got money and I got to keep the boundary as per the deeds lol!

Hope it helps somedody.Many thanks to all !

span
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Re: To build or not to build a fence – that is the question?

Post by span » Mon Feb 05, 2018 8:25 am

Can I have some of your money too? If you'd done what I'd suggested years ago you'd have saved yourself all this aggro and that £1500, so you obviously gots it to spare.

:mrgreen:

manutd99
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Re: To build or not to build a fence – that is the question?

Post by manutd99 » Mon May 14, 2018 11:47 am

Thanks Span. I should have built the tall & strong fence right at the very beginning like you said, but with their solicitors involved, plus they'd appointed their surveyor who had measured up, I was worried about the consequencies at the time and where it could lead, so I stayed put. I still think it would have gone to the tribunal as their letters were always about asking for money for compensation for tresspassing etc, so they were trying to extract money out of me no matter what.

With it having gone to the first tier tribunal, the result is : I legally now own the disputed land, the surveyor has drawn up the new boundary and it has been sent to the land registry and is now in both our files.

So, the boundary is a determined boundary and now legal. True, I paid them £1500, but ultimately, it just covered the surveyor costs to measure the whole thing up. The costs that my neighbour must have spent must have been huge, as they had employed solicitors, surveyors, registered their property, and even had a solicitor attending on the tribunal day. Fortunately, my costs were minimal as I represented myself, but I did spend on my fence.

Ultimately, the quality of our life now that it is resolved is back, the peace of mind that my kids have, my wife and I have ... is in my opinion worth it. The stress of all the nasty things the neighbour did has gone away togther with those solicitors letters they just kept sending.

I also thank Macadam, RobLewis, Jdfi, Coggy, JohnP1950, Pilman, Collaborate, Confused3 & Span for taking the time to read this thread. You were all fantastic. You all gave me inspiration to handle this issue myself and gave me confidence. You also no doubt saved me lots of money, Very appreciated!

I hope my experience helps everybody on this forum.

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