Their own fence is in their disfavour - makes a difference?

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shoopi
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Joined: Mon Apr 23, 2018 9:05 am

Their own fence is in their disfavour - makes a difference?

Post by shoopi » Mon Apr 23, 2018 4:15 pm

Our new neighbours are having an extension built.

Their builder has told them their own fence is in the wrong place and should be moved 25 cms over into our garden (based on drawing a line from the centre of our party wall).

We have lived here for 12 years and the fence has been in that position all along and was presumably erected in that position by previous owners.

Is their builder right?

Can we be compelled to spend money moving the fence?

Are they obliged to give us notice?

Thank you for any advice.

FrTed
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Joined: Wed Jul 28, 2010 8:32 pm

Re: Their own fence is in their disfavour - makes a difference?

Post by FrTed » Mon Apr 23, 2018 4:30 pm

shoopi wrote:
Mon Apr 23, 2018 4:15 pm

We have lived here for 12 years and the fence has been in that position all along

Is their builder right?
Possibly Yes and definitely no

It may be in the wrong position, but by being there unchallenged for over 10 years has earned the right to remain there.

Whether for the sake of neighbourly relations you agree to have it moved is up to you, but not at your cost. They can not force you.

Someone will be along shortly to twll you to check your bank cards, union membership and house insurance for legal protection cover.
Good luck.
"No Dougal, these cows are SMALL, those cows are FAR AWAY"

MacadamB53
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Re: Their own fence is in their disfavour - makes a difference?

Post by MacadamB53 » Tue Apr 24, 2018 7:54 am

Hi shoopi,

Is their builder right?

with little to go on it’d be difficult to say.

however, the odds of the evidence not supporting his theory are low.

you can claim, due to how long his strip has been in your possession, that you now consider yourself it’s owner - and prepare yourself for a dispute which may lead to legal action.

or, with neighbourly relations/decency in mind, you can agree to remove your fence so that he and/or you can erect a new one in the correct place to restore order.

kind regards, Mac

shoopi
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Re: Their own fence is in their disfavour - makes a difference?

Post by shoopi » Wed Apr 25, 2018 3:53 pm

Many thanks both for your advice.

jdfi
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Re: Their own fence is in their disfavour - makes a difference?

Post by jdfi » Wed Apr 25, 2018 9:55 pm

Do you agree?

Definitely do NOT pay or contribute. Legally as already said (even if they are correct) the fence was "mistaken but reasonable" and can stay where it is - and again you state it is THEIR fence.

On what basis does their builder feel he is qualified to comment?

Even a strip 25cm wide has value if it was bought. This could simply be a ploy to save a couple of grand buying the land normally.

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