On 28/01/15 17:30, Christina Websell wrote:


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.."

Doesn't have to be a fence or even anything solid. I can't remember the
exact period (12 years?), but I believe that you can claim any land if
you move onto it and there is no objection within the specified time.
When I bought a house in the mid 80s, the back fence didn't seem to
follow the line of the other fences by a metre or so. A few years
earlier the house was built as part of a new estate. I later found out
that the first owner had been one of the earliest to move in, and moved
the fence back one night so he could make space for a 2 x 3 metre fish
pond! It was never detected by the builders or anyone else checking the
deeds of the houses affected.

Anyway, according to an article he
http://www.dailymail.co.uk/property/...-land-own.html
"Normally, a squatter must possess land for 12 years before claiming
ownership under adverse possession.

Making a claim has been made more difficult since 2002 - squatters
have to inform the landowner of their intention to claim possession.

I assume that by removing the hedge and telling the neighbour that her
fence is the border, he is "informing" her of his intention to claim
possession, but I could be wrong.

--

Jeff