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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 2447
Experience:  Over 5 years in practice.
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Our title deeds show a continuous black line for the boundary

Customer Question

Our title deeds show a continuous black line for the boundary fence and walls that have existed since we purchased in 1981 (re-mortgage since such plans have been registered at Land Registry). I have checked my neighbours title deeds at Land Registry and they have the same defined black line. They have occupied their house since 2004. The boundary has remained in the same position and unchanged since we moved in.

Whilst we were on holiday 5 weeks ago our neighbour removed a part of the boundary and despite attempts to agree a way back including acceding a few inches of land and sharing costs of a new fence he is refusing to replace it. The title deeds also indicate that the part he has removed is our responsibility and that covenants sogned both by us and him state that the boundary must be retained "forever" and maintained.

Not only is he refusing to replace the fence but he is also saying that he will remove anything I put up and that he maintains that the fence which has been there for over 35 years is on his land despite the fact that if it was moved the few inches to where we thought we had agreement it would destroy the straight line boundary the Ordnance Survey Plan registered at Land Registry indicates.

We are not sure how best to deal with this and what we can do to enforce replacement. We are also concerned, and have made it clear, that despite the fact that covenants require the fence to be in position, his un-neighbourly actions have made life difficult and run a major risk of problems if we come to sell the house and have to record a boundary dispute.
Submitted: 4 years ago.
Category: Property Law