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Old 28-01-2015, 05:30 PM posted to uk.rec.gardening
Christina Websell Christina Websell is offline
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First recorded activity by GardenBanter: Oct 2006
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Default A neighbour problem - yet again


"Judith in England" wrote in message
...
Not me - but a neighbour of mine.

The houses where we live are a row of many on a straight road backing
onto a school field - the boundary between the houses and the school
field was a pre-existing Hawthorn hedge. The houses and the school were
built at the same time. There was no other boundary between the houses
and the school field - just the hedge which according to land registry
and Google Earth is a perfect straight line - about a quarter of a mile
long. A very clear boundary.

Some of us put up a fence at the bottom of the garden - typically a yard
inside the property from the hedge - and then tended to tip grass
cuttings and such over the fence - into the bit of garden between the
fence and the hedge. Others just kept the hedge and no fence. The
previous owner of her property put up a fence - but told her when she
bought the property that the fence was hers and the boundary was the
hedge.

Thirty years ago part of the school field backing on to the houses was
sold off and new houses were built (only 4 - the rest of the properties
still looked on to the hedge and the school field)

Suddenly the person in the house backing on to her property has decided
that the fence is the boundary - and much to her horror has chopped down
the hedge!

All immediate neighbours agree that the hedge is the boundary.

He claims that the fence is the boundary - and is taking the extra yard
as party of his property.

She is well aware of the problems of neighbour disputes - and is not sure
whether it is worth doing anything - or just lose a yard and the hedge
and live with it.

Any views - comments on what she could do (bearing in mind the dispute
issue and perhaps nothing being the best answer: she is however cheesed
off with his actions and attitude) s)


(Of course there are no dimensions of distances to boundaries on deeds)


If the fence that was erected a yard inside the original hedge boundary was
a solid fence, your neighbour is stuffed. If it's wire (so it could be
claimed it's temporary to keep dogs from getting out) there's a chance of
winning and it's worth issuing a threat in the form of a solicitor's letter.
I researched this a while ago when I had new neighbours who built a back
wall a foot over into my garden with the idea that they'd build a fence up
the side to join it. They didn't.
Boundary disputes can work out to be very expensive in legal fees so be sure
a) you are right in law b) you can afford the legal fees to prove it.
Some neighbours will chance their arm about claiming land, relying on the
fact that a court action would be expensive for you and you might not want
to do it. Pure bullying.

Tell your friend to consult a solicitor about sending a letter asking about
why he is claiming this extra yard when all other neighbours say this is
not the boundary, it's worth a try. Don't hold your breath if they've all
put up solid fences for years a yard inside the hedge, they will lose their
land.
Never *ever* put up a solid fence feet inside your boundary, Your lovely
neighbours will move away or die and the new ones will say "well that is
mine.."