The side of my property has a boundary hedge, bordering 4 rear gardens. Much of that hedge has been removed over the years. One neighbour fenced herself in many years ago, with no access to the hedge. This is the issue. The neighbour now wants to replace that fence but move it to where they think the hedge centre line was... Their fence has clearly been there for many years as the concrete posts are breaking. I can prove at least 6.5 years and will speak to the original owner if she can prove a further 3.5 years or more. There is a stump of hedge left in no mans land, but does that immediately grant the neighour ownership to the middle of a non-existent boundary hedge, after so long.
I am vaguely aware of the adverse possession law.
Ironically one of my fences is the same but in reverse where another neighbour has removed the boundary hedge and effectively claimed the land. I can't see me getting my fence moved to the original centre line.
Thanks in advance
I'm happy to wait please. I'm about to go on holiday for 2 weeks :)
I've spoken to previous owner and she confirms that with the neighbours fence has been there as long as she remembers and she is happy to write a letter to that effect. That would cover 12 years where the neighbour has had no access to the boundary hedge area.
I'll also speak to the free RICS helpline upon my return as well.
I'm happy to wait for an answer.