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A neighbour problem - yet again
"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 |
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