Boundary line

Posted 26th Mar 2023
Has my neighbour built his fence on my boundary line with the posts? if so, what are my rights please?
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  1. CharlieCheeze's avatar
    Personally, I wouldn't be too bothered, as the neigbour has paid for what looks like a decent fence, for the sake of some posts that take up 4 inches every 6 foot of your property. I have a similar situation at the rear of my garden where the neigbour has taken it upon themselves to replace what is actually my fence with a better one. I'm not complaining, as it's saves me a couple of hundred quid and I now consider it their responsibility. (edited)
  2. dan_uk's avatar
    You've already had lots of good advice here OP but I would just add my support to the "it's best let sleeping dogs lie when it comes to boundaries" crowd.

    You've got at the very worst, an incredibly minor issue with encroachment that totals - from what I can see - less than a square foot of your land. If you start to dispute these kind of scenarios, you can only lose long-term. Say you want to extend your house in the future, but you've put your neighbours nose out of joint over this minor issue, then you can absolutely guarantee an objection going in to the coucil. Also, if you make a fuss and then get the land registry documents out to prove your point, you may end up discovering that the lines were badly interpretted and they're actually entitled to shift their fence over three feet, for example. You have to ask yourself if it's worth it.

    Furthermore, the pic you've posted seems to indicate it's a relatively new, solid and well put together fence. As others have said, that's something to be pleased with and almost certainly indicates it won't need maintenance for a good while and when it does, it's likely your neighbours will attend to their side at a minimum.

    I'd personally go around and ask if it's ok to paint your side of the fence (it is, obviously, but courtesy will do you no harm) and just foster a good all round relationship with them that would be in jeopardy if you started to moan about the boundaries. Good luck with it.
  3. Itsonlymyview's avatar
    Have a word with the neighbour about the issue. If not seek a solicitor to send a letter in regards to the issue and asking them to rectify otherwise legal action.
    DealHub's avatar
    Author
    I'll leave it for now and let the Mrs do what she wants to make it her own. Then if kicks up a fuss, then I've got this ace up my sleeve, cheers Itsonlymyview.
  4. Easy.Action.Baby's avatar
    Your deeds show the boundary, not the pebble colours. If you check your deeds and there is a map, then the boundary will be shown on a tiny map using a relatively thick line. You wouldn't be able to prove to an inch that the fence was on your land. Be grateful you were not asked to contribute to the cost. Unless it is a major inconvenience, life is too short to worry about where the posts are.

    If you need to make something of it, then point it out and then move on.
    Boundary disputes can be VERY expensive to prosecute and can cause major bad feeling.
    taxboy's avatar
    Totally agree. Move on, although I understand it has annoyed you. I'd suggest running wires along the support posts and growing some climbers to disguise / hide it.
    Also bear in mind if you get into a dispute with your neighbour and want to sell, you would have to disclose it.
  5. D3LL80Y's avatar
    Looks like it is on your land yes so that is wrong of them. But before you do anything further ask yourself if it is worth the hassle? This new fence may make your own property better off?
    DealHub's avatar
    Author
    Thinking about it mate, your probably right to be honest. The Mrs is just gonna make it her own with leaf trellis, paint the posts the same colour green and hang led lights from the posts. If he chimes up, I'll just tell him. (edited)
  6. newbie68's avatar
    I prefer to foster good relationships with neighbours. I would not be bothered by this in the slightest, in fact your side is now a blank canvas to design/develop (edited)
  7. u664541's avatar
    Thought it was in general that if it's "your" fence then you have to have the bad side of it.

    Seems like your neighbor has decided "my fence I'll have it like I want it"
    jco83's avatar
    Perhaps have a word with the neighbour one over, to see if they have been thinking about putting a new fence in, and advise them of the situation so they can do the same to him
  8. teh.arn's avatar
    Where is your boundary line?
    DealHub's avatar
    Author
    The wood planks separating the grey stones (mine) from the yellow stones (neighbours) in the ground running alongside the posts.
  9. .MUFC.'s avatar
    Not sure the stolen inch is worth arguing about. If they steal another inch then yes have a word
    jco83's avatar
    Every inch counts!
  10. mutley1's avatar
    Having the posts on your land isn't a big issue as it isn't a whole fence so they have only taken space for the posts and at least they have put up a new fence as having an old fence is more of an eye sore
  11. Imogenthat's avatar
    There is no legal obligation to have a fence at all, many properties don't. What if you kicking up a fuss results in him taking it down and saying put up your own fence? You've got a free secure boundry now, you should be buying him a drink!
  12. Pandamansays's avatar
    It's very unlikely that you can prove where the boundary line is, certainly not accurately enough to bring your 'rights' into play. Deeds and land registry records generally give an indication but have an error margin of feet, not inches.

    acb76's avatar
    Indeed, and given at the start of the thread asks whether the neighbour has encroached onto the OP's land I don't get why the OP then states that the neighbour has - relying on the different coloured ground surfacing isn't a reliable indicator of precisely where the boundary is.

    Oh, and another poster suggested that the Council could get involved in boundary disputes - unless one or both of the properties are Council owned then that is absolute nonsense, boundary disputes are civil matters between the two landowners, absolutely nothing to do with local authorities, so don't waste your time or theirs contacting them. (edited)
  13. JimboParrot's avatar
    Apparently there are no rules now whatsoever on who has the good or bad side. Seems more that the person paying chooses to have the good side, whereas years ago it was the other way round!
  14. jco83's avatar
    Has he put the posts on your side? lol
    DealHub's avatar
    Author
    Yeah, because we haven't done much with the garden, and it's only just been cleared out of old sheds etc, we didn't notice until now. We only bought the house last year. He put it up just before we moved in too but we didn't think anything of it. (edited)
  15. slimy31's avatar
    You mentioned that it was like that when you moved in, perhaps it was a verbal agreement with the previous owners?
    Isaac_McCafferty's avatar
    If so, that would be lost with the new owners regardless.
  16. Bobster-cyw's avatar
    As stated above, having the posts on your side generally means that it’s your fence (so you could be responsible for renewal/repair etc). However in reality these are normally split
  17. CalmerChameleon's avatar
    I'm in agreement with the others saying that it's not worth rocking the boat for a few centimetres... However, your neighbour has pulled a rum move putting the post on you land, facing your side. The post sides are generally regarded as the 'ugly' side and he knew full well what he was doing.
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