My Neighbour has erected a fence on my land

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dexterdobe
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My Neighbour has erected a fence on my land

Post by dexterdobe » Mon Feb 12, 2018 2:37 pm

I need some advice please.

I moved out of my last house four years ago. I retained a piece of land adjoining the property.
The boundary with my old house is part walled and part old hedged. The house has changed hands and the latest owner has pulled down my fence that marked the boundary between my land and the road (Not the boundary between his land and mine). I haven't spoken to him, but someone else in the village has told me that he did it to stop people getting into his garden through my land. He could of, course have repaired the boundary hedge between his land and mine to keep people out of his garden. I suspect he has renewed the fence as he is or intends to use my land as part of his garden. I am the registered owner and I know I must take action to regain use of my land. My question is, what about the fence he has erected. If I repair the hedge so that he can't get in my garden can he pull down the fence he has put up on my land? If he does it will leave my land without a boundary fence, when there was one there before (albeit one that was adequate but in poor repair.)

Collaborate
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Re: My Neighbour has erected a fence on my land

Post by Collaborate » Mon Feb 12, 2018 3:01 pm

You can keep the fence. It is now yours. I suggest you erect a more reliable boundary where there is currently a hedge. You can also put up a sigh saying "private property - no trespassing" or similar.

Thank your new neighbour for the gift of the fence, but then remind him not to touch it again.

jonahinoz
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Re: My Neighbour has erected a fence on my land

Post by jonahinoz » Mon Feb 12, 2018 5:25 pm

Hi Dexterdobe,

I agree with Collaborate. If somebody erects a fence on your land, it becomes your fence. The problem arises when they think it is on their land.

Best practice, when you are selling land, but keeping some of it is for you to fence it, before the sale, so there is no doubt about where the boundary is. They buy what they see.

OT .. I read a case, maybe forty years ago. A farmer sold some land, and fenced it. Years later, the fight started. He had fenced it 3ft inside where he intended the boundary to be, so he could access the fence from both sides, for maintenance. The buyer didn't see it that way ... he reckoned he had bought up to the fence. Legal costs (then) were £50,000 and rising, for a strip of land of no great value.

I understand it is the centre of a hedge that is the boundary. Time to see your solicitor?

John W

dexterdobe
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Re: My Neighbour has erected a fence on my land

Post by dexterdobe » Mon Feb 12, 2018 5:38 pm

Thanks for the advice. The boundary isn't really an issue as the hedge is a continuation of the wall and the boundary very clearly runs through the middle of the hedge. The house has changed hands and there is a chance that the new owner thinks my land is part of his garden. It's clearly registered to me, so there shouldn't be an issue. I'm going to go to speak with him and see what he has to say.

jdfi
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Re: My Neighbour has erected a fence on my land

Post by jdfi » Mon Feb 12, 2018 7:43 pm

dexterdobe wrote:Thanks for the advice. The boundary isn't really an issue as the hedge is a continuation of the wall and the boundary very clearly runs through the middle of the hedge. The house has changed hands and there is a chance that the new owner thinks my land is part of his garden. It's clearly registered to me, so there shouldn't be an issue. I'm going to go to speak with him and see what he has to say.
Good luck. Does this land look abandoned? In the name of a former owner of his property whom he hopes is deceased? I suspect that is exactly his thinking.....

dexterdobe
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Re: My Neighbour has erected a fence on my land

Post by dexterdobe » Mon Feb 12, 2018 11:19 pm

I haven't given the land any attention, but all the other neighbours know it's mine, so I suspect the new owner is just trying it on. It's around quarter of an acre and potentially a building plot, so I'm certainly not going to give up on it.

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