"Jeff Layman" wrote in message
...
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.

--

My advice is to get a solicitor. I've had some boundary disputes with a
new neighbour but you can usually do them off with a solicitor's letter
carefully worded to suggest that it might cost them a lot of money to
contest it (you need to be right though)
Don't consider a boundary dispute if you might be wrong and try and avoid
going to court even if you know you are right - it costs a whole lot of
money. Although I know it's the principle of the thing, it might end up
costing thousands and whether it's worth it you have to decide.