I have questions regarding boundary garden fence

[Belfi]

Hi there,

our neighbour is claiming a part of our garden belongs to her and has been asking us to move the fence. we have tried to reason with her , we suggested that we get a charted surveyor and if there has been a mistake we rectify it, she dose not agree to this. our fence fell in a storm and had to be replaced, she made it really difficult for us to put it back. in one occasion , although she had already agreed to put the fence back she made the fence contractors leave after a couple of hours of work. then we did more mediation meeting with her in which we suggested the paying half the cost of getting a surveyor and etc,
she also made us to employ her friend to put our fence back which we agreed and contracted her friends to do the job , as we just wanted to get it sorted and get our privacy back . For two month she did not react to our offer concluded in the mediation meeting and then suddenly on the very morning her friends were coming to do the job she sent a letter through the letter box and said we better to put the fence where she wants unless she consider options.
I am autistic and have OCD so at the moment I am very concerned about the threat she has made. if she goes to a solicitor , can her solicitor make us move the fence just like that , because she is asking?

[islandgirl]

What matters in the first instance is the deeds to the property - where do they show the boundary?

[Scot22]

No a solicitor cannot make you move the fence just because she asks.
As suggested, look at the deeds.

[des8]

By all means look at the land registry file and plan, but be mindful they are usually only indicative.
https://www.gov.uk/search-property-i...-land-registry
cost £3 per file £3 per plan

If you cannot come to an agreement with your neighbour over the position of the boundary you may have to have the boundaries determined
https://www.gov.uk/your-property-bou...ary-determined

[Belfi]

What matters in the first instance is the deeds to the property - where do they show the boundary?

Hi ,

Both houses are registered with land .reg. and we have purchased the deeds for both houses , they match each other on the paper but physically on the ground there are 2 encroachments , a bigger part that should be in fact in our side is currently in hers , which we are happy for her to keep as it has been like this for years before she moved in. but at the other end of garden there is a little bit, a triangle shape that she is claiming is hers.

[Belfi]

By all means look at the land registry file and plan, but be mindful they are usually only indicative.
https://www.gov.uk/search-property-i...-land-registry
cost £3 per file £3 per plan

If you cannot come to an agreement with your neighbour over the position of the boundary you may have to have the boundaries determined
https://www.gov.uk/your-property-bou...ary-determined

Thanks.

In August after she dismissed our fence contractors we suggested to her getting a surveyor and then apply for a determined boundary , we even offered we pay half the cost but she did not agree.

[ostell]

Hi ,

Both houses are registered with land .reg. and we have purchased the deeds for both houses , they match each other on the paper but physically on the ground there are 2 encroachments , a bigger part that should be in fact in our side is currently in hers , which we are happy for her to keep as it has been like this for years before she moved in. but at the other end of garden there is a little bit, a triangle shape that she is claiming is hers.

So ask for your bit back. The threat of this might just silence her

[islandgirl]

Good suggestion and back it up with copies of the deed plans and a note saying you hope that she now understands that you are correct having seen the plans and that you will shortly be replacing the fence in its correct, legal position. Then just get the fence put up in the right place by your own contractors. Do not use the ones she suggests. This person is probably just seeking to exploit an opportunity and once a new fence is up (correctly positioned) will be able to do little about it. Good luck.

[des8]

Thanks.

In August after she dismissed our fence contractors we suggested to her getting a surveyor and then apply for a determined boundary , we even offered we pay half the cost but she did not agree.

You can apply on your own, but if the neighbour persists in not agreeing the matter will go to tribunal.
This can be extremely expensive and every effort should be made to resolve the matter prior to court action
https://www.judiciary.uk/wp-content/...e-Aug-2018.pdf