Very bad idea. Firstly, no-none needs this kind of stress, but secondly you'll find it's very hard to compel demolition unless you're prepared to spend a lot of money on lawyers. Go to gardenlaw, do not pass go....
I have a similar issue, in that the old, original concrete posts that mark the property boundary, are about 1 ft inside my neigbours garden. Therefore, (I think) the fence dividing us has been built 1 ft into my garden. That would be quite a bit of real estate i've lost on a 25ft long garden.
I think the fence is long established, therefore the land may well have fallen into his ownership now over time.
Cheers
Paul.
But there is nothing to stop you inviting several local yobs for a barbie and a game of footie within 2 days of it's completion. Just the once of course, as they are likely to be so boisterous again that they might knock the replacement down.
And I think you either have a very wide wall, or trouble with spatial recognition.
Care to have another go at it?
Whatever you have for a fence it is not a legal definition of bounaries as these disputes are the oldest reason for feuds, skirmishes and outright warfare. Most modern jurisprudence seek better demarkation for the deeds of a property.
Can you view yours? Expect fur and feathers to fly if you tackle the situation.
Ok, the posts are part of the original concrete post & chainlink fence when the houses were built. I have them on both sides of the garden.
On one side, the posts are sticking up in the neigbours garden, but the existing fence (and to all intents and purposes, the current property line), is 1 ft within this.
Maybe i'll dig out the deeds again, but I thought there was some sort of statute in that if I never used the land (i..e was fenced off for n number of years) then I could lose title to it.
P.
(i..e was fenced off
I should doubt very much that people who write title deeds would be so negligent to leave such a large loophole.
I do believe there used to be some such about land bordering waterways. But even those I doubt still hold true if they ever did. Prior to a land being "triangulated" all that was left were natural borders such as those or setting up marker stones which were so liable to frud that annual ceremonis marked such bounds.
But for several centuries now, what has become the Ordnance Survey made it possible to identify from a map the smallest line.
"Vacant possesion" on the other hand is slightly different law. Failing to close a gate at least one day an year might have the effect of declaring a commonly used short cut a "right of way". And I have heard of people annexing unused land in order to increase their garden sizes. But I believe they have to apply for full title if it is neglected public land. Not at all sure.
I think "adverse possession" is probably what you're thinking of. It used to be the case that if I fenced off a bit of your land and used it for 20(?) years without you asserting your claim to it I could gain possession.
Usually this only worked because the original owner wasn't aware of what was going on until the 20 years was up when it was too late. Happily (for you) the law was changed a couple of years ago so, if I apply for adverse possession on your land, you will be given the opportunity to oppose my claim before the land becomes mine. Since opposing my claim is effectively as simple as telling me to get off your land, the opportunity for legalised land theft by this method is greatly reduced.
That's the legal situation but, practically, it may well be better to write off the lost bit of garden for the sake of neighbour relations, one thing you do *not* want is to fall out with your neighbours :-)
Cheers,
John
In the USA it must be held against the will of the true ( origional ) owner and by someone other than descendants ( reliance on natural affections ). If you allow it it is not adverse. As to burden of proof, it could well be that the moving party has to prove adversity, I'm not sure... but complaints might come back to haunt one. Then again seeing USA court decisions might lead one to think the USA is an anarchy or at least lawless or goes to highest bidder. I'm a conservative, I'd like the repeal of loan gaurantees and fractional reserve banking...: )
As confirmed by my solicitor during most recent house purchase, the plans held with deeds are very poor indicators of the actual boundary line on the ground. All they really show are a rough outline and who has responsibility for which boundary.
MBQ
(i..e was fenced off
It shows.
MBQ
Cool. Nice to know.
Oh, no, of course. I'm not that bothered, but I went next door to fix the fence when it blew down (he's an old dodderer) and I spotted the old 'boundary line'
At least it'll give me a better case when he whinges that i've built up to the fence with a wooden outbuilding.
I'll just say 'well, it's a foot away from the proper boundary' :-p)
P.
The message from John Anderton contains these words:
12 years I believe. 20 years for establishing a right of way.IIRC that only applies if the title to the land has been registered.
IANAL.
Excavate a 6 foot deep trench down the side of your garden and let's see him build against that. If he goes ahead anyway, then at least you'll have a rather lovely plunge pool for the coming summer.
I am Having the same issue he has built the wall and i am In the process of getting him to take it down as he has left me a metre of his garden.. he complains about the weeds and they are actually his.. you are well within your rights to sort this out.. my neighbour is a bully and like you i want This sorted as it’s not right and might bring him down a peg or two.. good luck
So he’s given you and extra metre of garden? I hope you thanked him. ;-)
Somehow after 16 years I don’t suppose the OP will be greatly interested in your reply. If you want advice, reiterating your issue clearly in an appropriate group (e.g. uk.legal.moderated) would be a good start.
Tim
There's planning restrictions about boundary wall heights.
2m between neighbours and 1M against a public highway. Any higher and planning has to be applied for.
Also, ownership of boundary walls/fences/hedges is *usually* 100% or nothing, rather than shared. Typically each person owns the wall on one side and their neighbour owns the one on the other side of the garden. But your case may be different.
There's nothing (apart from common decency and planning restrictions) to stop a neighbour building an additional wall/fence next to one that they don't own, as long as it is on their own land.
The difficulty comes with "party walls" - eg between one house and the next of a semi or terrace. We used to live in the middle house of a terrace of three. Because the middle house of each block didn't have access to our garden from a driveway to the side, the builders had made a passageway/alley through the middle house: our lounge was a few feet less wide than the bedroom above it. The houses had been council houses; one resident still rented from the housing association that had replaced the council as owner, whereas the other two (us and the neighbours on the other side) owned our houses via the right-to-buy legislation.
The renting owner was an awkward sod. He had a habit of leaning over the fence and saying "you can't do that - I'll tell the council". On one occasion I painted the parts of our alley wall that bordered his house, and he said "That wall belongs to the council: only they can repaint it. And what are all those nails that are being used to hang things up: they'll have to go." I very politely told him about the Party Wall rules which say that you can do what you like with your side of a wall as long as you don't damage it as seen by the other side". The person who drove big 6" nails into the wall *may* have been taking a risk of damaging the plaster in the neighbour's living room - but it had been like that for about 30 years, long before we bought the house.
He also didn't understand about ownership of shared fences/hedges: he had a habit of cutting the beech hedge between us to an absurdly low height, and our deeds clearly showed that we owned that boundary: I even made a photocopy of the page and gave it to the housing association rep to show him. Sadly their reps had all the ferocity of toothless puppies, so he just ignored them and claimed that he didn't know or understand, but was adamant that he should be allowed to do what he liked with "the council's hedge". I think part of the problem was that he liked the top of a hedge to be glass-smooth, so every time a few twigs grew above the regulation height, he was out there shaving them off. When we did cut the hedge, inevitably a few twigs fell onto his lawn, but he refused my offer to come round and pick them up for him: "you're not coming onto my land - that belongs to the council". Funny bugger. I think it all stemmed from a resentment that he hadn't been in a financial position to buy the house that he had rented for many years, once Maggie did the right-to-buy, and had a chip on his shoulder because most of his neighbours had bought their houses when this was offered. He also suffered from little-man syndrome ;-)
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