fence dispute

[Turnerslp]

I just purchased property that my neighbor says the 2nd previous owner placed the fence on her property. However that owner placed the fence where her deceased father stated the property line was. I had a survey done that showed the fence off the boundry by nearly a foot on one side and right on onthe other. Can she make me move the fence after all this time?

[Catso]

Oooooh, these boundary disputes are a pain.

I presume it isn't obvious where the actual boundary should be. Nor can it be determined exactly from the deeds.

I think the fact that this alledged infringement took place 2 owners ago puts her claim on a rather dubious footing. Why raise the claim now? Are you aware of any ongoing legal dispute that has been taking place over all this time? Again, I assume no. I'd say she's just punting for a few inches more garden. Ask her to prove her claim and see what she comes up with. Can you still contact the person who put up the fence? They would be an excellent 'witness' on your behalf.

Personally, no, I wouldn't move the fence now, just on her say so.

[rugeleyboy]

i am a fencing contractor and a customer of mine is in the exact same position as you, unfortunatley (sp) its now in the hands of the greedy solicotors and probably wont get sorted for a while!!

this chaps neighbour is disputing 4" believe it or not!!

ps.......... the times i have had to down tools due to nieghbours dispute's are unreal!!!

[flyciderman]

Why do you not ask her to show you proof by way of referance to land registry registration plans or title deeds. Also why is she telling you about this now? If she was in dispute with the prevoiuse owner they should have told you.

[buildersmate]

Land Registry plans just aren't that accurate. One of the standard questions from your solicitor to your seller before you bought would have asked if there were any dfisputes with the neighbours. If the answer recorded on the form is none, ask this neighbour when they most recently raised it with the previous owner. If they concede they haven't raised it for ages, tell them you aren't interested in moving the fence. Sounds like she's trying it on.

[Turnerslp]

Response to the answere to my question: This owner in herited the property from her father who told the previous 2 owners ago where to place the fence. I have contacted these two previous owners and both say the daughter in question had no complaints with the boundries when they lived there. Additionally the last owner surveyed the property and notice the back end of the property line was off a little. He asked her is she was ok with this and she said yes. Both previous owners will give me written statements of what happened in the past to verify my findings. Do you think legally she can make me move it now.? She said she wants it moved now because she wants to sell the property and it may cloud the title.

[flyciderman]

I think you are on very solid ground just tell you are not interested. The point about land registry plans is correct about detail, but my suggestion was to draw out her evidence.