On Thu, 29 Jan 2015 22:06:58 +0000, David Hill wrote:

On 28/01/2015 23:50, Christina Websell wrote:
"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/...ME-TRUTHS-How-
long-I-claim-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.



Don't forget that Judith said "Not me - but a neighbour of mine".


Quite.

My house still has the hedge.