Boundary fence Dispute

[selfhelp]

A featherboard fence was erected as a boundary to my property and an adjoining property. The fence was erected @ 9>10 years ago when the previous owner was in residence who was in her 90's. I purchased the property @ 7 years ago from the estate after she passed on. This fence is built entirely on my property and substantially encroaches towards the bottom by @ 1 metre. My opinion is that the neighbour no more than took advantage of the previous elderly owner. 1 metre tapering over 30 metres at todays land values?

I have noticed the full extent of the encroachment while clearing the garden and have now written to the neighbour. It may well be asked why didn't I do something before but I had a tenant in the property and I didn't want to exacerbate any situation during the tenancy. The neighbour is a bully and she was a single female. While I have researched it as best I can as I am aware there is something called adverse possessory title which I find quite alarming. While I was aware of the encroachment I didn't appreciate the true extent until very recently.

I do not wish to be embroiled in a legal battle as I wish to sell the property next spring but alternatively any prospective purchaser may well question the siting of the boundary fence, I'm therefore between a rock and a hard place. The fact that I would have to make clear there was a dispute to any prospective purchaser I do not see as an issue in the wider scheme of things.

Personally I would simply like to remove the offending fence which stretches for some 30 metres and reinstate with new and same fencing along a true boundary. Again from what I've been able to find out is that the neighbour may well call the police should I dismantle the existing but as it is a civil matter they would not take action. He may well have legal expenses cover on his insurance and he could issue a writ.

Although what the writ would involve I am unsure. As far as I can establish a writ is an order to take a specific action or to prohibit a certain action. Would he seek compensation and costs. If we work on the principle of betterment, which I don't think applies, the fence must be worth no more than a £100. Irrespective of how it would pan out the situation would be resolved and a true and proper boundary reinstated. I'd hasten to add that I'm not confrontational or belligerent, far from it, but see it as a quick and effective route to resolve the issue as opposed to years of court attendances and lawyers fees i.e. in short what's the worst case scenario for me. If a writ is successful along with costs would I have to pay £X amount plus costs along with my costs to reinstate the fence. If it costs a few thousand to put the situation right and within a matter of months I see this as far more expedient than the aforementioned route of court attendance and lawyers fees.. Although could flying in the face of a writ result in more serious consequences.

The fallout I can deal with at my leisure but again I do not know what a writ would involve and how costly if found against me. Having had experience of the neighbour dating back to when I refurbished the property mediation, I feel, is a long way off and which I have discounted.

Any help gratefully received

[des8]

Re: Boundary fence Dispute

Hi and welcome.
As this is registered land (presumably as you purchased it 7 years ago) the register will indicate where the boundary lies.
You indicate your neighbour is unlikely to be amenable to relocating the fence in its correct position, and if you were to just DIY you could find yourself in trouble.
I believe your correct action is to take action through the courts to evict the squatter, and so repossess your property.
If the neighbour tries to have the land registered in their name, the true owner is notified, can object and then has two years in which to have the squatters ejected via court action.

[selfhelp]

Re: Boundary fence Dispute

des
Thankyou. By squatter am I to assume that the neighbour is squatting on my land by virtue of encroachment. I fully appreciate via the courts is the correct route but time is not on my side. I think I would still waver towards worst case scenario. However I did have a thought after posting and that is that I have an approved planning application on my property which involves excavation and removing the 2 storey extension which confirms the boundary.

The new works involve reinstating the boundary wall (where the existing 2 storey extension is) to a certain height, a conservatory, and 2 x 2 storey extensions (1 to rear and 1 to side). Further ground works towards the top where the fence is attached to my garage are required to level (the property ascends up to the garage). In both instances the work and excavations will leave the fence posts in mid air if not collapsed. I've only just thought about this. Is it not a convenient way around the problem and that the revised boundary wall in my recently approved planning application confirms the boundary.

It might not be that I undertake the works on the main property but will prepare the ground works to the top of the property. There is also no reason why I shouldn't prepare the ground works to the main property which involves excavating @ 50 cubic metres. Again thanks for the response.

[wales01man]

Re: Boundary fence Dispute

Do you get on with the Neighbour?
If so have you talked this through with them?
As we all no disputes with neighbours can turn nasty might pay to resolve this before you take any action after all going legal becomes long and expensive

[Amethyst]

Re: Boundary fence Dispute

https://www.gov.uk/government/public...egistered-land

The Land Registration Act 2002 has created a new regime that applies only to registered land. This new regime is set out in Schedule 6 to the Act. It makes it more likely that a registered proprietor will be able to prevent an application for adverse possession of their land being completed. The following paragraphs provide a brief overview of the new regime; the remaining sections of this guide discuss it in more detail.

• adverse possession of registered land for 12 years of itself will no longer affect the registered proprietor’s title
• after 10 years’ adverse possession, the squatter will be entitled to apply to be registered as proprietor in place of the registered proprietor of the land
• on such an application being made the registered proprietor (and certain other persons interested in the land) will be notified and given the opportunity to oppose the application
• if the application is not opposed¹, the squatter will be registered as proprietor in place of the registered proprietor of the land
• if the application is opposed, it will be rejected unless either
  • it would be unconscionable because of an equity by estoppel for the registered proprietor to seek to dispossess the squatter and the squatter ought in the circumstances to be registered as proprietor
  • the squatter is for some other reason entitled to be registered as proprietor
  • the squatter has been in adverse possession of land adjacent to their own under the mistaken but reasonable belief that they are the owner of it, the exact line of the boundary with this adjacent land has not been determined and the estate to which the application relates was registered more than a year prior to the date of the application.
  
  
• in the event that the application is rejected but the squatter remains in adverse possession for a further two years, they will then be able, subject to certain exceptions, to reapply to be registered as proprietor and this time will be so registered whether or not anyone opposes the application

[des8]

Re: Boundary fence Dispute

You really ought to wait for a reply to the letter sent to the neighbour. They might turn out to be acquiescent.

However if they are not, you can proceed to demolish the fence (carefully and return it to neighbour), await arrival of Plod and show that you are not committing criminal damages by having ready a copy of the land register and your planning permissions etc. (I'm not sure the existence of PP is proof of ownership, or boundaries as you can obtain PP on land you don't own)
I think he would be foolish to try civil proceedings against you for damaging his fence, and I doubt his legal expense insurers would fund such an action
Or you can take action to evict neighbour from your land through the courts.

Those appear to me to be your choices, so you pays your money and makes your choice.

[righty]

Re: Boundary fence Dispute

If you do demolish the fence without consent make sure your deeds are at hand that show the extent of your property Personally I think that without court intervention agreeing its your land your heading for trouble with your neighbour

[selfhelp]

Re: Boundary fence Dispute

I think it is unavoidable that we're going to meet head on. However I don't know why I didn't have a light bulb moment about this before i.e. to commence work with ground works will render the fence to fall in and/or be suspended in mid air. The fact that I've moved forward with my successful planning application approved by the local authority as per the plans is no more than anyone would do irrespective of the outcome. If I park my car near the edge of a cliff and I'm fully aware of the UK's disappearing shoreline and shortly thereafter it does disappear over the edge then anyone would say if I knew of the possible dangers why did I park it there, Can't help thinking this is quite a good analogy. If someone wants to try and grab someone's land don't expect an easy passage. I'll post back with the outcome in a month or two. Thanks again for all your invaluable input and time.

[selfhelp]

Re: Boundary fence Dispute

The outcome was mediation which was the right outcome for both parties and not a penny spent on the legal profession. However I did find out that my neighbour was selling his property, reading between the lines I feel that he didn't want an ongoing 'dispute' that he would have to advise any potential purchaser. Thanks again for all input.

[gwenlillian]

Re: Boundary fence Dispute

HI - I was involved in a boundary dispute for 5 years myself. I got the registered plan from Land Registry, had a draughting office re-draw the plan to a better scale and show the extent of each boundary, so many metres from back of house etc, and then marked it out on the ground. The neighbour could see what was mine and theirs. I then had a solicitor write stating that the boundary would be fenced as per my legal title and gave them x number of days to contest. The plan was registered as a measured plot also, so there could be no future issues and I fenced off my property. Anything on your side of the boundary belongs to you, so if they choose not to move their own fence, hedge or wall etc., you may do it. I had a brick wall in my garden plus part of a car park! Good luck.

[selfhelp]

Re: Boundary fence Dispute

Thanks for this it's an excellent alternative and no doubt a fairly painless route to the process and the avoidance of huge legal bills. One interesting point since is that I've joined my neighbour on his side to discuss the redrawing of the fence line and I've found the access to a cesspit (on my neighbours side of the fence). The cesspit served my property alone so confirmation of the deviation. Thanks again.