Neighbour insisting he owns boundary

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Rightbak
Posts: 2
Joined: Tue May 22, 2018 8:54 pm

Neighbour insisting he owns boundary

Post by Rightbak » Fri May 25, 2018 11:20 pm

Dear all

I hope that someone may be able to advise where I stand with regards to my neighbour and the boundary between our two properties.

The boundary currently has a very small (maybe 8"), very dilapidated, wall on it. I would like to take the old wall away and put a fence up to give us some privacy. I am happy to pay for all work.

Our title deeds say the boundary is shared - or at least there is no 'T' anywhere on our plot. I have also downloaded the title deeds for my neighbours property - again this shows the boundary is shared in the same way as ours.

I spoke to the neighbour. He is happy for a fence to be put up (and happy we are paying for it), however he wanted to keep the old wall even though it is falling down and insists we only put the fence on our side of the boundary. He is saying that the boundary belongs to him and seemed pretty certain about it. I have not challenged him to provide evidence that the boundary is his.

To continue the story, the pillar at the end of the wall (on the corner of our plots as it meets the pavement) is also almost completely fallen down. I would like to build a brand new pillar there as part of a new wall that will be build on the front of our property, however the neighbour is also insisting that if we do this, the new pillar should be moved onto 'our' side of the boundary i.e the old pillar bricks taken away and the new pillar built about 12cm to the right of the original position. This seems ridiculous to me seeing as the original pillar has been in that position since the house was built about 40 years ago, so I really don't think I should have to move it on his say so even if he owns that boundary.

My feeling is that if he does provide evidence that he owns the boundary then I am happy to leave the old wall where it is and just put the new fence right up against it. This is after all what the neighbour wanted. I am more concerned that I should also have to move the pillar onto 'my' side if he owns the boundary - can he insist I do this? If it turns out the boundary is shared then presumably I have equal say and perhaps we can negotiate to a better solution.

I would like clarification on our legal position if anyone can help?

Many thanks all

despair
Posts: 16299
Joined: Mon Mar 14, 2005 7:07 am

Re: Neighbour insisting he owns boundary

Post by despair » Sat May 26, 2018 9:00 am

If you have copies of both deeds and they actually say its a shared boundary then that is what it is

And you will need to prove that to him

Some neighbours can get very cantankerous or have bees in their bonnets over boundaries especially as they get older

Personally i would love 3 metre high victorian brick walls all round as protection from crazy neighbours

Rightbak
Posts: 2
Joined: Tue May 22, 2018 8:54 pm

Re: Neighbour insisting he owns boundary

Post by Rightbak » Sat May 26, 2018 9:48 am

Sorry I just need to clarify my original post.

I have the Title Deed and Title plan of our property. The plan shows the boundary is shared. The deed does not say anything about the boundary as far as I can tell.

I have the Title plan only for our neighbour. This also shows the boundary is shared.

Yes the neighbour is getting on and is definitely cantankerous! Very good description of him. He had issues over the boundary at the bottom of his garden previously apparently and so that is probably creating his current mindset.

jdfi
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Re: Neighbour insisting he owns boundary

Post by jdfi » Sun May 27, 2018 11:23 am

I do wonder whether "just doing it" might be the option I would choose if this were me.

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