Dozy Posted July 5, 2010 Share Posted July 5, 2010 Hiya, no it wasn't the previous owners cos that was my mum lol!!! You can see where the old fence was as the fence pole is still standing. I'm almost positive that they know. I've decided to send them a letter explaining the situation and asking them to move the fence back to the boundary and see what becomes of it. Thanks everyone for your advice x My bold Excellent idea! A nice, polite letter might achieve what you want - and save you Solicitor's fees and prevent a long-running argument. I'm so grateful that my garden has brick walls - unless one of them suddenly decides to fall down. I don't think there's much chance of anybody sneakily moving a brick wall without me noticing. Link to comment Share on other sites More sharing options...
GrannyGranny Posted July 5, 2010 Share Posted July 5, 2010 There will be a mark on plans included in the deeds showing the boundaries which you are responsible for. It will be clearly marked and you could always show this to your neighbour. Re. the bottom of your garden, if there aren't any dims on the plans it shoulf be clear that your boundary doesn't line up with the others. have you got a link the Google maps showing the bounday? Link to comment Share on other sites More sharing options...
danniuk2000 Posted July 5, 2010 Author Share Posted July 5, 2010 There's nothing on google maps, I could probably see if I can find it on google earth??? I'll have a look now and post the link if I find it Link to comment Share on other sites More sharing options...
Rupert_Baehr Posted July 5, 2010 Share Posted July 5, 2010 ...Dont wait as there is a loophole in the law that allows people to steal land if they have tended it for a matter of years. Im not sure of the exact figures but it is deciduas to say the least. I've no idea what 'deciduas' is, but From Thompson M, Modern Land Law OUP Oxford 2001 p168 et seq: The two basic elements of Adverse Possession are: The dispossession or discontinuance of possession by the owner and The requisite possession by the squatter. For the owner's title to be defeated by limitation ... a squatter must establish the necessary 12 years adverse possession. The squatter must establish possession as a fact. He must show the requisite intention with regard to the possession and He must show the possession to be adverse... The squatter must establish an appropriate physical control over the property in question in order to be considered to be in possession of it ...the courts will apply an objective test...the most obviousact of possession is the physical enclosure of the land by fencing* ..." *Seddon v Smith (1877) 36 L.T. 168 "If the fence is pulled down by the owner [of the land] however, this will be of little use as an act of possession (See Marsden v Miller (1992) 64 P. & C.R. 239 ) Section17 of the Limitation Act (1980) provides that: "Subject to Section 18 of that Act and Section 17 of the Land Registration Act of 1925 at the expiration of the period prescribed by this Act for any person to bring an action to recover land ... the title of that person to the land is extinguished." See a lawyer. Get legal advice. Link to comment Share on other sites More sharing options...
danniuk2000 Posted July 5, 2010 Author Share Posted July 5, 2010 I've found it on google maps and it seems the boundary is on a slant. It's about 4 ft out on one side and about 1ft out on the other. Quite interesting to see actually lol. I can't copy the picture though which is a shame!!! but it definitely shows the boundary being way out. I can give you the co-ordinates if you want to have a look yourself x Link to comment Share on other sites More sharing options...
GrannyGranny Posted July 5, 2010 Share Posted July 5, 2010 I've found it on google maps and it seems the boundary is on a slant. It's about 4 ft out on one side and about 1ft out on the other. Quite interesting to see actually lol. I can't copy the picture though which is a shame!!! but it definitely shows the boundary being way out. I can give you the co-ordinates if you want to have a look yourself x Ok if you don't mind. Cheers Link to comment Share on other sites More sharing options...
Cyclone Posted July 5, 2010 Share Posted July 5, 2010 You can get a link from google maps to show a specific bit. It's a button just above the map on the top right. Link to comment Share on other sites More sharing options...
danniuk2000 Posted July 5, 2010 Author Share Posted July 5, 2010 You can get a link from google maps to show a specific bit. It's a button just above the map on the top right. I've had to get the pic from google earth. Google maps doesn't show our back garden x Link to comment Share on other sites More sharing options...
Magilla Posted July 5, 2010 Share Posted July 5, 2010 I've found it on google maps and it seems the boundary is on a slant. It's about 4 ft out on one side and about 1ft out on the other. Quite interesting to see actually lol. I can't copy the picture though which is a shame!!! but it definitely shows the boundary being way out. I can give you the co-ordinates if you want to have a look yourself x I would imagine, regardless of the actual measurements, you would be able to tell by superimposing your deed over the aeriel view from google earth and checking the approximate shape. Assuming your house is the same size on both images then the rest should be self evident. An interesting dilemma, please keep us informed. Link to comment Share on other sites More sharing options...
MadnBad Posted July 5, 2010 Share Posted July 5, 2010 If it were me i'd just put the fence back where it's supposed to be and if they dared say anything i'd just tell them it was a bit wonky and i just put it right. Link to comment Share on other sites More sharing options...
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