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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8304
Experience:  Dual qualified Solicitor and Attorney
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My old neighbours have moved my front boundary fence,

Customer Question

My old neighbours have moved my front boundary fence, without my permission, further into my garden prior to selling their property. The boundary fence had been in its previous position since I purchased my property in 1974. The new neighbours, who moved in during August 2020, are not keen to put the fence back. Can you please advise.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I have the land registry documents showing the boundary line. I have spoken to the planning office at Greenwich, unfortunately they apparently no longer deal with boundary disputes. I have photographic evidence showing the boundary fence position. The new neighbours showed me their photograph from the estate agents they used with the fence in it original position. I also have a witness, my window cleaner who has been cleaning my windows for 20 years, who can attest to the fence position.
JA: Have you talked to a lawyer about this?
Customer: Not yet. I am 83 and a pensioner, and am worried about expenses.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Not that I can think of at this moment
Submitted: 12 days ago.
Category: Property Law
Expert:  Virtual-mod replied 11 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 11 days ago.
Unhappy with wait. Your advertising is for more speedy response.
Expert:  Jeremy Aldermartin replied 10 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 10 days ago.

So in essence your dispute is on the basis of where the boundary fence was placed and not necessarily where it should be and the fact that the land registry title plan? Plus the drawings from planning which are not binding anyway.

Expert:  Jeremy Aldermartin replied 9 days ago.

If you wish to bring a claim about the boundary you need to have the boundary to be known exactly.

It should be noted that determining the true boundary is as not as straightforward as it seems. 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

Expert:  Jeremy Aldermartin replied 9 days ago.

Let me know if you have further questions