Neighbour replacing fence within our boundary

Neighbour replacing fence within our boundary

Postby broomey » Fri Oct 21, 2016 4:06 pm


my family have been involved in a long standing boundary dispute which results from the previous landowners separation of several parcels of land from the farm we now own to split it into several dwellings and a yard.
I will try and keep the initial post brief.

Along our north eastern boundary runs a public footpath and this is shown on the OS maps that our deeds and title plans are based on. In addition it shows we own a roadway and on my neighbours title plan the same deed is referenced but the general boundary follows the OS line of the public footpath and not the road since this is a field gate and there is no official road. Anyway I mention this as a precursor as discussions are ongoing with that boundary and I am confident that if it went to court that a ruling would be made in our favour as the neighbour has never provided any evidence to contradict our claim.

My main concern is that the neighbour has since started to remove our fence (ok remains of a fence) from our eastern boundary and replace with Palisade fencing to secure his yard. While I am happy for him to do this he has actually built his new fence where ours was (which was set back on our land by about 1 1/2 feet).. Again I am not too bothered about this but the neighbour in question has been a bit of a git every step of the way and is always on the take for land (he wanted us to give him 6m on the back in exchange for land on the side we already own)

Nothing formal has been said and I have warned him that he's started to build the fence on our land but he's pushing ahead. What I want to know is that by doing so is the fence automatically gifted to me (so I can do as I please with it) and do I still own the land on the other side (upto the legal boundary) or will this become his by default?

I don't have a problem with what has been done as it benefits both properties, I am simply concerned that he has tried very hard to argue the width on the other boundary (despite all the evidence in our favour) and I know he's the sort to want to own the land. My question is simply how I protect the ownership of my boundary if I let him continue to replace our fence.
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Re: Neighbour replacing fence within our boundary

Postby span » Fri Oct 21, 2016 7:52 pm

go and put up your own boundary markers now, so that the boundary is clearly delineated.
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