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hippygirl
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Question

Post by hippygirl » Thu Aug 06, 2009 5:25 am

Hi all....I have a hypothetical question for you :)
Someone has had a fence, that they put up and believed was on their side of the boundary, in their garden for at least 14 years. The sighting and ownership of said fence was never disputed by the then neighbours on the other side of it. If new neighbours move in how successful would they be if they claimed that the fence was on their side of the boundary, say by about 8 inches? There are no 'T' marks on either set of deeds and the neighbours viewed/bought the house with the fence already there....Discuss :)

Treeman
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Post by Treeman » Thu Aug 06, 2009 8:55 am

Disrepair has your definintive answer

despair wrote:there cannot be a dispute about the boundary from new neighbours who have only been there 3 years
at least in one reality or other.

despair
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Post by despair » Thu Aug 06, 2009 9:07 am

Many others have said

If a boundary feature has been in place for over 12 years unchallenged it cannot be disputed

arborlad
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Post by arborlad » Thu Aug 06, 2009 9:39 am

despair wrote:
If a boundary feature has been in place for over 12 years unchallenged it cannot be disputed

From the information given, the challenge is likely to be unsuccessful - but cannot be disputed :roll:
arborlad

smile...it confuses people

Treeman
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Post by Treeman » Thu Aug 06, 2009 9:56 am

despair wrote:Many others have said

If a boundary feature has been in place for over 12 years unchallenged it cannot be disputed
Tell you what,............ I will believe that when you provide a reference for your fact. That will be a first for you.

hippygirl
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Post by hippygirl » Thu Aug 06, 2009 3:04 pm

Many thanks for your replies. arborlad, to expand a little, there was no boundary fence many moons ago...only a couple of posts with wires strung between which were so rotten that they were lying on the ground. When the fence was erected the neighbours were consulted and a position was agreed. There was one change of neighbour before the present couple moved in a couple of months ago. Suppose that this situation were to happen would it be prudent to sit it out and wait for the new neighbours to prove that the fence is incorrectly situated. Also if they bought the house with the fence already up (and therefore accepted it's position?) would they be wasting their time?

robj191269
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Post by robj191269 » Thu Aug 06, 2009 4:28 pm

hippygirl wrote:When the fence was erected the neighbours were consulted and a position was agreed.
So the fence IS in the "correct position"

If it is bothering you that something may happen in the future, go round to the neighbours and ask if they mind you popping over and painting their side of YOUR fence or alternatively say that you are gonna take YOUR panels out to paint them.... this way they will know its your fence and you can gauge their reactions.

hippygirl
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Post by hippygirl » Thu Aug 06, 2009 5:42 pm

Hi robj, thanks for your reply. Unfortunately I do not know if the fence is in the "correct position" legally, as it was put up a number of years ago. All I know is that both sides agreed, at the time, that the positioning was correct and short of finding the original contractor and asking him there is no way of telling exactly. It has already happened (my original post was 'tongue in cheek'!) and a couple of weeks after they moved in I had a knock on the door. Apparently they have counted the bricks between our respective back doors and the fence (we are semis) and have concluded that I have gained about half a brick!

despair
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Post by despair » Thu Aug 06, 2009 5:47 pm

Half a brick is Deminimus and any case they make would be thrown out of court

robj191269
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Post by robj191269 » Thu Aug 06, 2009 6:59 pm

hippygirl wrote:Hi robj, thanks for your reply. Unfortunately I do not know if the fence is in the "correct position" legally, as it was put up a number of years ago. All I know is that both sides agreed, at the time, that the positioning was correct and short of finding the original contractor and asking him there is no way of telling exactly. It has already happened (my original post was 'tongue in cheek'!) and a couple of weeks after they moved in I had a knock on the door. Apparently they have counted the bricks between our respective back doors and the fence (we are semis) and have concluded that I have gained about half a brick!
Hippygirl, when I said correct position I meant as you and original neighbour agreed where to put fence ....it IS in the right position due to the elapsed time and the neighbour agreeing.....

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