Border Dispute
jayleeder
Posts: 1
Hi, our neighbour has disputed our new fence being built saying we have taken a foot of his land. In March 2015 we built a 8ft by 6ft foundation that ran parallel with the old fence so when we built the new fence it ran in exactly the same place. There has been several letters back and fourth between ourselves and the neighbours solicitor. We advised that if the neighbour obtained a surveyors report and the fence had to be moved then we would. They came back and said they were not prepared to do this and that the neighbour had a laser pen and plans (which showed the outline of the borders. We disputed this proposal as he had no measurements.
we have since heard nothing back so where do we stand now as we have written another letter asking for a reply within 5 working days but still nothing. We want it in writing if this is indeed the end of the matter but we are getting nothing.
please help
Posts
I agree there are few winners in a border/boundary dispute, but is the OP expected simply to give in immediately and hand over part of their garden if they are not in the wrong? If they are confident that the boundary line is still in its original position surely it's up the the neighbour to prove that it isn't. It will all be cost to them not to the OP.
It's a tricky one. I think maybe a word with Citizens Advice and/or the council department responsible for mediating neighbour disputes is worth having before you continue any further but you certainly have a right to erect a boundary fence on your boundary.
Unfortunately, as Pansy says, you now have to declare this dispute to any future purchasers of your house. In the meantime, you also have to live with this neighbour so mediation seems to me to be the way to go.
You could also try sending a registered letter to their solicitors saying, politely, you have the deeds which show where your boundary lies and that work on the fence will start in X days, thus giving them time to respond before you go ahead and stating that you expect no interference from them or their client if they do not respond with authenticated legal evidence to the contrary.
I'm not suggesting that I do have the answer, just that I don't think the answer is to give in to groundless claims (excuse the pun). At what point would somebody be expected to stand up for their rights? When the neighbour tries to claim 1 foot of land? 5 feet? 10 feet?...
The suggestions made by Obelixx seem as good as any.
A right 'barrister' by the sound of it, pansyface....
I think Obelixx's advice is spot on. If you have the boundary clearly marked on your deeds, put the onus on them to legally defend their claim, otherwise, the work starts on the following date
Your own lawyer needs to be more proactive too. They all need project managing, in my experience.
I know you won't want a dispute, but you also don't want to be a pushover either. I think it sounds as if you've been perfectly reasonable so far.
I live in west central Scotland - not where that photo is...