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)

"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)


The deeds will not show the exact details of the boundary but they will show
the straight boundary and who owned or is responsible for upkeep of the
boundary. If there is no owner shown then the boundary is in the middle of
the hedge. The new neighbour cannot dispute that the hedge predates any
fence and the boundary is shown as straight on the deeds.

I would write a letter to the new neighbour and explain what happened and
that the boundary is straight and in the middle of the old hedge and ask
them respect that original boundary. I would also mention that if he did not
intent to put up a boundary fence to replace the boundary hedge he has
removed I would be happy to move my fence to that boundary to save him the
expense.

In my experience these people are just pushy, full of their own importance,
and must be told straight, give in on this when you are plainly in the right
and it won't be the last thing in dispute. They know they are wrong they are
just trying it on.
--
Regards. Bob Hobden.
Posted to this Newsgroup from the W of London, UK

On 27/01/15 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)

Who's to say that the neighbour will stop at the fence? Give an inch and
it won't be long before a foot is taken.

.. Have a look at "Neighbour disputes about boundaries" he
https://www.gov.uk/your-property-boundaries
and let the Land Registry sort it out (There are further links to
specific boundary discussion pages, in particular:
https://www.gov.uk/government/public...and-procedures.
https://www.gov.uk/government/public...ed-boundaries).

If all neighbours agree that the hedge is the boundary, the Land
Registry would take that into consideration in its deliberations.

--

Jeff

On Tue, 27 Jan 2015 18:41:33 +0000, Bob Hobden wrote:


The deeds will not show the exact details of the boundary but they will
show the straight boundary and who owned or is responsible for upkeep of
the boundary. If there is no owner shown then the boundary is in the
middle of the hedge. The new neighbour cannot dispute that the hedge
predates any fence and the boundary is shown as straight on the deeds.

I would write a letter to the new neighbour and explain what happened
and that the boundary is straight and in the middle of the old hedge and
ask them respect that original boundary. I would also mention that if he
did not intent to put up a boundary fence to replace the boundary hedge
he has removed I would be happy to move my fence to that boundary to
save him the expense.

In my experience these people are just pushy, full of their own
importance, and must be told straight, give in on this when you are
plainly in the right and it won't be the last thing in dispute. They
know they are wrong they are just trying it on.


Many thanks - it is much as I would think.

Here is a screen capture of the hedge from Google:

http://tinypic.com/r/24dhetd/8

On Tue, 27 Jan 2015 18:45:32 +0000, Jeff Layman
wrote:

Who's to say that the neighbour will stop at the fence? Give an inch and
it won't be long before a foot is taken.

OTOH it may result in a gain. A neighbour of mine was subject to a
boundary dispute with one of his neighbours. After studying a land
registry report he discovered that he actually owed about half of the
land beyond his boundary. That included most of the land that was
originally disputed.

Steve

--
Neural Network Software http://www.npsnn.com
EasyNN-plus More than just a neural network http://www.easynn.com
SwingNN Prediction software http://www.swingnn.com
JustNN Just a neural network http://www.justnn.com

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

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.."

Yweas
"Bob Hobden" wrote in message
...
"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)


The deeds will not show the exact details of the boundary but they will
show the straight boundary and who owned or is responsible for upkeep of
the boundary. If there is no owner shown then the boundary is in the
middle of the hedge. The new neighbour cannot dispute that the hedge
predates any fence and the boundary is shown as straight on the deeds.

I would write a letter to the new neighbour and explain what happened and
that the boundary is straight and in the middle of the old hedge and ask
them respect that original boundary. I would also mention that if he did
not intent to put up a boundary fence to replace the boundary hedge he has
removed I would be happy to move my fence to that boundary to save him the
expense.

In my experience these people are just pushy, full of their own
importance, and must be told straight, give in on this when you are
plainly in the right and it won't be the last thing in dispute. They know
they are wrong they are just trying it on.
--

It's not as straight as that. It depends on the fence, how long it's been
there and whether it's wire or solid.If it's wire, you are good to object to
the boundary if it's solid, you have have a problem.

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/...-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.

--

Jeff

"Jeff Layman" wrote in message
...
On 28/01/15 17:30, Christina Websell wrote:

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.

and then they will fight about it.

"Malcolm" wrote in message
...

In article , Judith in England
writes
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)

Is it really important? Does it actually matter?

--
Malcolm

"Christina Websell" wrote in message
...

"Malcolm" wrote in message
...

Is it really important? Does it actually matter?

--
Malcolm


Of course it matters, unless you want your new neighbours to try and take
some of your land. Mine tried (bad luck there..)

"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/...-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.

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/...-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".

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.

"Judith in England" wrote in message
...
On Thu, 29 Jan 2015 22:06:58 +0000, David Hill wrote:




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


Quite.

My house still has the hedge.

Sounds like it may be worth having a gateway or gap in the fence though if
you have one as well?.

--
Charlie, Gardening in Cornwall
Holders of National Collections of Clematis viticella
and Lapageria rosea cvs
http://www.roselandhouse.co.uk