Boundry dispute

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    Boundry dispute

    Hi,

    I purchased a house in 2009.
    This is the house to next door to where I live. For example lets call this door number 3.
    I live at door number 5.


    The boundry wall was built in 2001 by the previous owners of number 3.
    When the wall was built it was built on the land of house number 1.
    At the time the owner did not say anything to the owners of number 3 in terms of where the wall was being built.

    The ownwer of house number 1 is now telling me to move the wall back onto my property.

    Do I have to move it back because it is on his land?
    What rights does the owener of number 1 and myself have?

    Thanks in advance.

    #2
    Simply put,

    The owner of House 1 has the right to use their land.

    The owner of House 3 has the right to use their land.

    If the boundary wall has been built in the wrong place by an owner of House 3 then the current owner of House 3 is responsible to move it.

    Now there may be certain covenants within the deeds of the properties regarding type and size of boundary walls/fences but let's assume there's not.

    Is the wall on their land? Is it really obviously on their land? Are they correct? If yes, then just move the wall. It'll be a lot cheaper in the long run and you won't have to declare a neighbourly dispute come sale time.
    There is always scope for misinterpretation.

    If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

    Everyday is an opportunity to learn something new.

    Comment


      #3
      Hi, thanks for the reply.

      when the old owner of house 3 built the wall about 10 years ago the owner of house 1 did not say anything while the work was going on. If house owner was so fussed about it why did he not speak up at the time.

      As a result of the sale the house owner of 1 now wants the wall to be moved back.
      Its over by about 3 to 9 inches.

      what do you recommend i do?

      If hou

      Comment


        #4
        Slightly confused about what is house 1. You start by talking about 3 and 5

        Sounds like you have great neighbours

        How do you know who built the wall if you weren't there?

        Tell the landowner you thought it's his wall so he can move it if he likes.

        Or just say you can only afford to take the wall down and it will not be replaced. Invite your friends round often. See how he likes that.

        Or even better, say you will plant a leylandii hedge. Only 100ft tall.

        Seriously, not sure what the legal status is of your problem. Ask a solicitor. I would find out what his problem is about it. If its "just because its wrong"; you could say that you acknowledge he has a point, but is it necessary to move it right now? Say you will sign a letter that if he wants to sell his house at a later date, you will remove the wall if the new owner requests it. Perhaps he will be happy with that.
        All posts in good faith, but do not rely on them

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          #5
          basically, there are 3 houses,

          House 1, is the one who has got issues.
          House 3, I purchased this in 2009, hence i know when the wall was built between house 1 and house 3.
          House 5, I have lived here for 29 years.

          Comment


            #6
            Is there a specific timeframe within which someone can complain about something that was built a number of years ago? I believe that after a certain number of years where no one has complained, the item (in this case the wall) can be deemed as accepted and hence there is no obligation to move or remove it.

            Comment


              #7
              There is but it's longer than 10-years.

              what do you recommend i do?
              Depends on what your attitude is.

              Reading between the lines you seem to accept that the wall is in the wrong place and that this can be shown to be the case.

              If you refuse to move the wall then the risk is that House 1 will start a dispute which neither of you want on file.

              It might be worth checking the deeds to see if there is a covenant regarding the boundary walls and who is responsible for maintaining which wall.

              There could be a hundred reasons why the issue wasn't raised at the time the wall was built. It's irrelevant.

              If you can't afford to move the wall but don't object to it being moved then tell House 1 that you are happy for the wall to be moved but you can't afford it. Or suggest paying half each. Afterall, you didn't build it and they could have sorted it at the time the wall was built. These suggestions are not based on any statute or ruling but are fair and common sense solutions.
              There is always scope for misinterpretation.

              If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

              Everyday is an opportunity to learn something new.

              Comment


                #8
                Few title plans are sufficiently accurate or reliable to establish the position of a boundary within inches. Even if the wall was constructed in the wrong place, after the lapse of time it has to be doubted that a court would order it to be moved.

                Have a look at these threads:

                http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=2247

                http://www.gardenlaw.co.uk/phpBB2/viewtopic.php?t=3149

                It is unfortunately the case that disputes of this kind are raised when a property is up for sale. The neighbour presumably sees an opportunity to force the issue. You need to discuss the matter with your solicitor and decide if there are grounds for firing off a "back off or we'll sue for slander of title" letter.

                Comment

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