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If a fence has been in place for more than 25 years, is there any legal reason why, while replacing it, the boundary should be changed to match what one party believe the title plans show to be a 'parallel' boundary between the two properties (Victorian houses)? The fence pre-dates both of our ownerships of the properties (25 years in their case, 10 in ours) and on our side there are structures that would need to be demolished or at least damaged to 'restore' this boundary.
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Is their belief correct?
Do you dispute their interpretation of the title plans (which are indicative only)? -
Thanks! From the plans we've got, which vary slightly, we don't think it's clear that it was ever parallel in that way and certainly hasn't been for a very long time if it ever was.Comment
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As they are your neighbours, and presumably will be for sometime, it is advantageous for both of you to settle the matter amicably.
Don't forget that if the dispute escalates, if you ever come to sell you will have to disclose the matter to prospective buyers.
Regarding your "structures", even if it is agreed they are on his property he may not damage them.
If he does he commits a tort of trespass against you, as well as causing criminal damage.
Regarding the boundary, if you cannot reach agreement you might need to have the boundary determined. Not a cheap option!
https://www.gov.uk/your-property-bou...ary-determinedComment
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Posting this purely for the information contained in the article, it features case law.
https://hardwicke.co.uk/boundary-dis...-and-practice/Comment
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