Advice on moving property boundary

[sniff]

Right, bit of a problem with my neighbour. I've lived here for all most 11 years and the front garden boundary had a fence separating our front gardens. Now they have had a porch built, no issue with that. But they have now moved this fence and taken around 40cm of my garden where my foot path ran up the side. Because the internal boundary is further on this side of the house they have taken it upon themselves that they can take part of my foot path as well.

You can see in the google street view where the fence was up until a few weeks ago. I gave them permission to move the fence to start their building work.

https://www.google.co.uk/maps/@51.5359265,0.1270904,3a,75y,109.65h,76.24t/data=!3m4!1e1!3m2!1srGPGPLXznzW6779cUxgx8Q!2e0 My house is the one with the porch and skip in garden.

I've spoken to the builder who said he will move it if this can be proven to be my property. At the moment I can prove this. Apart from where this used to be.

Can someone tell me if they are in the wrong and must put the fence back to where it was or are they right to take what was part of my front garden?


As it looks now.

http://i1227.photobucket.com/albums/ee425/davieboy106/IMG_0318_zpsbd54225a.jpg

[Kenzie]

I would contact the council or the land registry and get a plan of the area. My sister in law had a neighbour try and snatch some land from her garden but the council proved otherwise.

[embee]

Should be Land Registry I'd think. You can get stuff online for a relatively small fee, though exact boundary lines can be a bit of a headache if someone disputes it.

I did look with my neighbour about shifting our common garden boundary to both of our advantages, and the Land Registry do have a DIY scheme for such things which they are very helpful with (we didn't do it because they decided to move and it would complicate things).

I planted in a low hedge for a friend along their boundary, and to make sure it was kept neat I fitted gravel boards along the actual boundary line (an extension of a straight fence line). After about a year (!) the neighbour decided the gravel boards were in the wrong place. We looked at it and agreed, yes I had made a mistake, the boards were in the wrong place......................by the thickness of the board, i.e. one inch. To keep them happy we moved the boards one inch.

[Red Herring]

When you say the internal boundary I take it you mean the internal partition wall? I would be quite surprised if the boundary outside the property was not a continuation of that wall but if it is the land registry will show it so as has been said that is a good place to check.

The other thing to consider is that if you have fenced and been using land unchallenged as part of your property for a period of time (I think it is 12 years) then you can assume rights of ownership. I don't know if this 12 year period can pass from one owner to the next so if you have only been doing so for 11 years it might not apply, but it's worth looking into.

[Bibio]

if it were me i would ask the neighbour to make a single pathway for both houses where the fence used to be. this solves both your problems and the postman will thank you as well. you also end up with a slightly larger front garden.

if you really want then go to the land registry and ask where the boundary line is then force your neighbour to move what they have built. this usually ends up with bad blood between what could or is a decent friendship.

[sniff]

Its not the neighbours its the builders. They just think they can choose where the two houses meet as the boundary. My builder told them that the wall would have to go back where the fence was originally and can't go onto my side. Now they have gone to another builder(family friend allegedly) who took it upon themselves to rip up tarmac area and build a wall.

I've had a good look about on the web and it shows in many occasions that land registry can't give a definitive answer on where boundary lines are. I check paper work when I bought my house and it says that I'm responsible for both fences on both left and right hand side of the garden.

Monday I'm on the phone to RICS about a free 30 minute consultation to see if I have anything. Remember this section of path has been here since the late 70's at least and COULD have been a shared path. Don't know if this makes any difference or not.

[sniff]

And lastly, they have not asked me about moving this. Just to remove the fence to build a porch. The further I look in to this the more they seem to be in the wrong. Council not interested as per their website.

Now they have laid brick flooring and they have come around 2 inches from the brick wall. So my guess is they have no intention on moving this. Think they will expect me to stop moaning and just finish building the wall.

[bloggsy]

Do you have a mortgage on the property/ if so the boundaries will be marked on your deeds which will be held by the mortgage company/bank

[sniff]

I've got the land registry boundary paperwork. But as this is not an accurate definition of boundary lines between properties.

[Fen Tiger]

I think this legislation may be relevant to your situation,

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/207310/Party_Wall_etc._Act_1996_-_Explanatory_Booklet.pdf

[Red Herring]

If you are going to claim that the wall is built 40cm onto your land then it looks as if the porch has also been built on it. Is this not something you discussed when you saw where they were going to put the porch?

[sniff]

the porch I've no issue with. As i agreed this. Not stopping me getting into and out of my house. Its the wall that I have issues with. Its on the footpath that had a fence along it. You can see this in the on the google maps part. As far as I was aware this was my property as when I bought it and from my neighbour who has lived there since 1978 its was always like this. New neighbour lived there around a year were told they must put the brick wall back to the original fence line.

[Red Herring]

You may not have an issue with the porch but it could well cause you problems when you go to sell your property unless you formalize what has gone on. To a lay person, me for example, then I would assume in the absence of documentation to the contrary that the boundary between the two properties lies along the internal party wall in a line that continues beyond the building, ie: (if I have understood your OP correctly) where they have built the porch to and from there the wall.

If you want the external boundary to be along a different line, for example where you had the fence originally, then I think you will need to make a case for that to happen. If your neighbour is prepared to agree to that then fine, but get it documented for future reference. If he won't agree and maintains that the wall is correctly placed then my suggestion is that you explore the possibility of making a claim on the disputed 40cm of land by arguing that it has been fenced into your property for in excess of 12 years and you have had uncontested use of it as such.