Author Topic: garden boundaries and the law  (Read 2026 times)

aquilegia

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garden boundaries and the law
« on: September 02, 2014, 07:34:48 »
Bit of a complicated one... Hope someone can give me some answers.

We moved to our house about 4 years ago. We're now thinking of building a kitchen extension, but when I measured up I noticed that one of the side fences is in the wrong place, too far into our garden. I think it's about 30cm in our neighbour's favour. That's a lot of our garden they've gained and will make our extension an awkward shape.

I don't know when it was put there. The official plans clearly show that the boundary line goes straight from the joining wall of the houses, rather than a little way into our garden. Next door has only lived here for a couple of years longer than us.

Can we move the fence? Do I need a solicitor for this?
gone to pot :D

sparrow

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Re: garden boundaries and the law
« Reply #1 on: September 02, 2014, 10:56:59 »
If the Land Registry plans show the boundary as different to the existing fence, then I would talk to the neighbours first about moving it, with a copy of the plans to show them. I'd ask if they knew when the fence was put up. Offering to share some of the cost of moving the fence might make the conversation easier, but is obviously up to you.

If you can't get an informal agreement between you - and I'd always get that in written, signed & dated format, preferably witnessed (I am a bit paranoid!), then the legal route is there: https://www.gov.uk/your-property-boundaries. What works in your favour is that the plans clearly show the boundary line in a different place to the fence.

aquilegia

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Re: garden boundaries and the law
« Reply #2 on: September 02, 2014, 16:02:15 »
Thanks. That seems quite straight forward, as long as they agree! It's actually our fence, so we'd pay for it to be moved. Although that does beg the question of why a previous owner put in a fence wrong in their neighbour's favour! Good idea to get it in writing too, especially before building starts!
gone to pot :D

 

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