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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Law
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Experience:  Dual qualified Solicitor and Attorney
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My neighbour has constructed a fence between a shared area

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My neighbour has constructed a fence between a shared area but the boundary is in the middle but the fence sits on my side of the boundary and I don’t want it can I ask them to move it entirely into their side
JA: Where are you? It matters because laws vary by location.
Customer: Manchester uk
JA: What steps have you taken so far?
Customer: i have told her I’m not happy and she said it’s on the boundary she can do what she likes
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: this has happened because I started putting my bins on that side of the property before they were in the other it’s a detached house

The issue really is that if you wanted to pursue it you would first need a determined boundary to show that the fence is in fact on your side of the boundary not on the boundary line which is complicated. 

To prove the true boundary you cannot just rely on land registry deeds as these are not considered accurate enough, the Land Registry for example describe them as approximate boundaries or general boundaries under section 60(1) of the Land Registration Act 2002: https://www.gov.uk/government/publications/land-registry-plans-boundaries/land-registry-plans-boundaries-practice-guide-40-supplement-3.

Determining the true legal boundary depends on the terms of the relevant pre-registration conveyance or the transfer as a whole, including, of course, the plan. If the plan is insufficiently clear for the reasonable layperson to determine the position of the boundary, the court can refer to extrinsic evidence and in particular to the physical features on the ground at the time: Cameron v Boggiano [2012] EWCA Civ 157.

Instead you would have to get what is known as a determined boundary which would involve instructing a chartered surveyor to publish a report and then using that as being the determined boundary i.e. the actual boundary by reference to the plans and the physical lay of the land, you can see more about that here: https://www.gov.uk/your-property-boundaries/apply-exact-boundary-determined

I trust this assists 

Customer: replied 13 days ago.
But surely if the land registry shows the boundary is central between the two properties then we can rely on it being central the fence posts sit 3inches on my side surely she is stealing my land and now I can’t get my bin into the back garden as it is too slim

I am afraid not for the reasons I have already outlined the land registry make this clear at the link I posted above. So unless you have a determined boundary done you cannot rely on the title plans. The land registry say their own boundaries can be out by at least a foot possibly more. I trust this assists

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