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CornishGold

Boundary help needed

We have a boundary issue would really appreciate it if someone tells me im over-reacting like my husband says lol....nothing unusual there. anyway We have concrete boundary marker been there since property built in 1977 (the sort with the holes through the middle that wire gets threaded through) The previous owners erected a fence inside the posts on our land which they paid for themselves to contain their dog. The concrete boundary markers remained in situ. We have lived here for 3 years but yesterday the neighbour took an angle grinder to the posts and cut them out....doesnt directly effect us as we dont look at the posts anyway and our fence is intact BUT........My concern is that in a few years if we sell or something and the neighbours declares the fence is the boundary line (actually about 8" inside our property) what proof do we have?? or if they plant upto the fence or other numerous concerns think its called encroachment. They did not ask permission to cut down the posts and I do not want to argue with them just wondering where we stand. I am sure it is actually criminal damage but obviously dont want to go down that route. there is lots of banging going on their side. K
tahir

Try here:

http://www.gardenlaw.co.uk/phpBB2/index.php
yummersetter

We had a similar situation, a 3ft path that was on our property that got 'land-grabbed' by our neighbours. We didn't argue the toss about it as we didn't want aggro with them. When we tried to sell the cottage, it was something viewers noticed as the garden was obviously smaller than it should be and didn't line up with the dividing line between the two semidetached properties - we couldn't get a buyer.

I think that if relations between you and your neighbour aren't close enough that they felt they could come and speak to you about their plans before they went ahead, you have nothing to lose by going and talking, in a civil and polite way, with them and asking them to replace the posts, as long as you have proof that they define your boundary if they challenge you.
CornishGold

Thank you for your advice and time much appreciated Smile
joanne

Do you have a copy of your boundary plan? You can get one direct from the Land Registry for 3

http://www.landregistry.gov.uk/public/property-ownership

You can then go to your neighbours and use it to back up your argument
CornishGold

Found my land registry copy and the " T " is towards my property stating that the boundary is mine not shared, so the posts were wholly mine not the neighbours at all..... naughty naughty neighbour. Thanks again for your help Smile
RichardW

Whilst the T does show who is responsible for the fence the accuracy of where that line / mark is will not be accurate enough to define it within 8"

The thickness of the printed line will be more than that.
oldish chris

we couldn't get a buyer.
this problem can work both ways, you can't sell a property if there is the potential for a boundary dispute.

An approach might be to advise the neighbour of the history of the fencing, and suggest that, when his property comes on the market, you may be forced to lodge a challenge to the current fence position. Not out of spite or pettiness, but because of potential legal problems when you come to sell. It is also possible that his purchaser may employ a surveyor or solicitor that has several brain cells and they may spot the risk.
CornishGold

Iunderstand that RichardW but the posts he cut down 2 days ago were the original 1977 boundary posts so where the boundary is was not the issue it was the fact he cut the posts down is the issue, but if reinstated now we know it is correct and mine hope that makes sense... so the posts and everything myside will be mine so he should not have cut down the posts OR.....kreosoted the back of MY fence which is what he has been doing all this afternoon.....despair
Nick

Maybe the neighbour doesn't even know the fence is yours, inside your boundary, and the posts were the marker.

Have you spoken to them?
onemanband

If the posts are only cut off, then there will still be at least 2 foot of post below the ground which would confirm the boundary position at a later date.

As RW says, land registry plans do not give dimensions and are only a guide. If the boundary line doesn't look out of place then I doubt there will be a problem when you come to sell. Being in a dispute with your neighbours is more likely to be a problem when you come to sell.

I'd point out that the concrete posts marked the boundary, you don't mind the fence being over the boundary, but don't want any structures or hard landscaping crossing the original boundary line as when the fence is next replaced you want it back in its original position.
CornishGold

I am going to speak with the neighbour today and thank you I am going to word it exactly as you have stated inthe last comment that is perfect and exactly how we feel Smile
pollyanna

After your conversation, which I hope goes well, drop you neighbour a note detailing your position. Then both of you have a record and some time in the future you may need it.

Have to say that if he unilaterally chopped off the posts he may be a difficult character to deal with. Much better so state your position now.
Ty Gwyn

You mention you have lived there for 3yrs,
1.did you not have this boundary change pointed out to you at time of purchase.
2.have you not in this time spoken with your neighbour regarding these posts in the original boundary,
3.regarding the mention of your neighbour creosoting the back of the fence,it clearly shows he is concerned for its maintenance,and does`nt want to look at a deteriorating fence back.
4.Shame he did`nt ask you to move the fence,and bolt it his side of the concrete post`s,so you could have the view of the post`s.

5.If you insist the fence is yours and not a shared boundary,he may charge you for the maintenance he has done.
iaf

Be funny to see him try and charge for treating with creosote;
http://www.hse.gov.uk/biocides/copr/creosote.htm
Ty Gwyn

Be funny to see him try and charge for treating with creosote;
http://www.hse.gov.uk/biocides/copr/creosote.htm



There are substitutes for creosote if you did`nt know,
Anyway,maybe the OP got the brand of treatment wrong?
Leo

I would suggest you photograph any remaining fence post stumps as a record of where the boundary is meant to be.

As said earlier, put your 'points agreed' from any conversations in writing; if it ends up going legal, this will make denial much more difficult.

Check your house insurance policy (& credit cards) to see if you have legal expenses cover. This will save you many thousands of pounds, if your neighbours force you to go legal.

To be honest, 8 inches is not worth arguing about, & would be difficult to fight in legal terms. As long as the fence line looks in line with the building etc, I would leave as is. Talk to your neighbour if you can & express your concerns re selling, this could just as well cause the same selling issues, were your neighbour to sell.

Its a shame that people don't ask first, but rather go ahead & do what they often know is 'pushing it'. This is done to force you to deal with the issue, if you dare.
iaf

Be funny to see him try and charge for treating with creosote;
http://www.hse.gov.uk/biocides/copr/creosote.htm


There are substitutes for creosote if you did`nt know,
Anyway,maybe the OP got the brand of treatment wrong?

I can only work with what I'm given Wink
Ty Gwyn

Be funny to see him try and charge for treating with creosote;
http://www.hse.gov.uk/biocides/copr/creosote.htm


There are substitutes for creosote if you did`nt know,
Anyway,maybe the OP got the brand of treatment wrong?

I can only work with what I'm given Wink

Same as me then, Wink

Nice to see you over here,there are loads of old friends here now,

Reckon Don will be next,lol.
iaf

Be funny to see him try and charge for treating with creosote;
http://www.hse.gov.uk/biocides/copr/creosote.htm


There are substitutes for creosote if you did`nt know,
Anyway,maybe the OP got the brand of treatment wrong?

I can only work with what I'm given Wink

Same as me then, Wink

Nice to see you over here,there are loads of old friends here now,

Reckon Don will be next,lol.

I've been a member some years, but a few familiar faces might make things entertaining Very Happy
Spider

Hiya iaf wave iaf

Hiya iaf wave

well Hello! Very Happy
Boarstall Girl

Why did I read that in a Leslie Phillips voice? Sorry, there is no helping me! Spider

I know what you mean Laughing Laughing Laughing Mistress Rose

That was one of his phrases. Happy memories of the Navy Lark with Loveable Leslie. Very Happy gregotyn

That's right, Mistress Rose, Sunday, after lunch; left hand down a bit!
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