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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8897
Experience:  Dual qualified Solicitor and Attorney
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I have lived in my semi-detached house since 1983, when

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Hello. I have lived in my semi-detached house since 1983, when there were large trees in the garden of the adjoining house. In 1991 I had a fence erected that had to be positioned to avoid the trees, so consequently, at the bottom of the garden, is one foot away from the boundary on my side.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I spoke to my neighbours to say I was going to replace the fence and would like it to be put back on the boundary, now they have had the trees removed. However, they are insisting that the new fence be placed exactly where the current one is, and at this very moment, have someone laying paving up to the fence. I haven't taken any legal steps so far. Please could you advise me on this matter.
JA: Where is the semi-detached house located?
Customer: Greystones Road, Sheffield
JA: Anything else you want the Lawyer to know before I connect you?
Customer: My neighbours say that since the fence was in it's current position when they bought their house, that the land up to the fence is now their's. is this correct?
Customer: replied 1 year ago.
My concern is if the fence isn't on the boundary, would it affect any future sale?

No it is not correct. They would have a right to try and argue under adverse possession that they have a right to that land but they would need to make a formal application which they have not done and in any event the mere fact that the fence was in a different position when they bought the house it does not mean the land is theirs. In relation to a future sale this should not be effected by the fence being slightly back from the boundary especially because the land registry title plans are not accurate enough to say what the exact boundary is, they are approximate boundaries. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 1 year ago.
Thank you. So, would I have the right to have the fence erected as close as possible to the boundary where they have laid paving and put in plants, without damaging their property?

Yes exactly that is fine. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Customer: replied 1 year ago.
I have just seen that my neighbours have had the base for their paving laid up against the existing fence, what steps do I need to take if they refuse to accept what you have said about the issue and refuse to move the paving away from the fence?

Hi thank you for your message, you would need to engage a solicitor to request they move the tiling away from the boundary and if they still refuse bring legal action. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

Jeremy Aldermartin and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you for your advice.

Glad I could help, take care