"Judith in England" wrote in message
...
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.

The principle still applies.
The story of when I moved here 30 years ago and we all had huge gardens and
loved each other doesn't apply now. First my neighbour died and although
his wife carried on with their dilapidated house for a while she couldn't do
it, so sold it to a local builder along with its half acre. He promptly sold
the front half with the house and 30 ft of land.
He kept the rest.
Maybe with a view to building on it in future, maybe not. He is very fond
of birds and nature. Anyway when I went to feed my hens today he was
crashing around next door, so I said "Roger, what are you doing?" Getting
wood for his woodburner.
He asked me if I knew who was throwing beer cans and tree trimmings over the
wall. I said I did, the very same people that have been such a nuisance to
me, and that it was his fault ;-) I also asked him if it was true they
were buying the land from him which was what they told me as an excuse for
putting their rubbish over. He says absolutely not.
I told him if he does sell more land to them next to me I will come in the
night and kill him. He laughed and assured me that he has no intention of
doing so and they are liars. Knew it!!
We had a lovely conversation about birds. He claims to have seen a lesser
spotted woodpecker in his garden and mine, but I think it's more likely to
be a gsw. It's not impossible though. He hasn't said he saw a hawfinch..
Tina

On 02/02/2015 20:25, Christina Websell wrote:

We had a lovely conversation about birds. He claims to have seen a lesser
spotted woodpecker in his garden and mine, but I think it's more likely to
be a gsw. It's not impossible though. He hasn't said he saw a hawfinch..
Tina

If you do have a lesser put out some peanuts in the usual small bird
friendly hanging mesh feeder and it will quickly find it.

We sometimes get one in though haven't seen it for a while now.

Greater spotted is a lot more common and surprisingly nervous for such a
huge chunky bird. Everything scatters when it lumbers into view.

--
Regards,
Martin Brown

On 03/02/2015 10:04, Martin Brown wrote:
On 02/02/2015 20:25, Christina Websell wrote:

We had a lovely conversation about birds. He claims to have seen a
lesser
spotted woodpecker in his garden and mine, but I think it's more
likely to
be a gsw. It's not impossible though. He hasn't said he saw a hawfinch..
Tina

If you do have a lesser put out some peanuts in the usual small bird
friendly hanging mesh feeder and it will quickly find it.

We sometimes get one in though haven't seen it for a while now.

Greater spotted is a lot more common and surprisingly nervous for such a
huge chunky bird. Everything scatters when it lumbers into view.

I'd never call a Greater spotted a huge chunky bird it's no bigger than
a blackbird.

On 27/01/2015 16:09, Judith in England wrote:
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)


What about putting regular notices on the hedge side of all the fences.

"This fence has been provisioned for security purposes and does not
define the property boundary - refer to land registry for boundary
location".

If this appears on all relevant property fences, does it not become the
accepted truth?

Phil

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.

- 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.


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)


Keep on dumping all garden waste over the fence :-)

Mike