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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10550
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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. If I was to move my garden fence off the boundaries and

Resolved Question:

Hi. If I was to move my garden fence off the boundaries and onto my land. Would I be committing an offence. ? This was an arrangement which was made with neighbors who have sadly past away some many years ago. Are existing neighbors are now saying the fence belongs to them as there is nothing to say the fence was taken off the boundary onto my land. Many thanks June.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

You have not committed any offence, and although it can cause problems, as you have found, you have done nothing wrong.

I am not 100% clear what the neigbours are now saying- are they claiming it is their fence and you should not have moved it those many years ago? When did you move the fence?

I look forward to hearing from you.

Al

Customer: replied 2 years ago.

The fence was moved onto our property nearly twenty years ago. Existing neighbors who moved in around twelve years ago are saying on their deeds it shows its there fence, and coz we moved it before they moved in we have no proof it was moved

Expert:  Aston Lawyer replied 2 years ago.

Hi June,

Is there now therefore an argument where the true boundary line is?

Are you wanting to move the fence back to its original position?

Kind Regards

Al

Customer: replied 2 years ago.

Aston Lawyer. There is a dispute as who's fence it is, we say it belongs to us coz we moved fence onto our property. They say its there's. June.

Expert:  Aston Lawyer replied 2 years ago.

Hi June,

It all depends on who put up the fence originally. If your old neighbour put up the fence, or any previous neighbour, then the fence belongs to the neighbour, even though you moved it 20 years ago.

Likewise, if the fence was put up by one of the previous owners of your property, the fence remains belonging to you and your house.

The fact you moved the fence on to your land does not mean you now legally own it. As you moved it with the consent of your previous neighbour, does not mean you have "stolen it and now own it".

If neither of you know who put up the fence in its original position, you will need to check your Deeds to see if it indicates which party is responsible for maintaining the boundary, and whoever's responsibility it is, will be the owner of the fence.

I hope this sets out the legal position.

Kind Regards

Al

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