Boundary dispute resolution options Boundary dispute resolution options - Page 3
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  1. #21

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    Quote Originally Posted by schater View Post
    Both of our title deeds shows a boundary similar to this - straight - between number 19 and 21. And like in the image, the T is on their side of the fence. But this is the actual line of the fence:



    I am in number 19. The 'step' happens where our side gates are, and so is not obvious on the ground. (We've also stored building work remnants there which has also hides it a bit.)

    Neighbour says that it was like that when they bought it, and like that when we bought a few years ago, and so it should remain. They have maintained the fence, replacing panels.
    Have you asked then nicely if you could pay fully for fencing and any associated work so the fencing could be a straight line? Also explain why it is a good idea from their point of view to have a straight line fence matching the boundary.

    If they are made to feel like winners they are likely to agree with you getting the fencing and boundary to match.
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  2. #22

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    So, is your issue that you are "losing" a lot of land?

    You've still not told us what your actual issue is, or what your ideal solution is.
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  3. #23

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    Quote Originally Posted by schater View Post
    Both of our title deeds shows a boundary similar to this - straight - between number 19 and 21. And like in the image, the T is on their side of the fence. But this is the actual line of the fence:



    I am in number 19. The 'step' happens where our side gates are, and so is not obvious on the ground. (We've also stored building work remnants there which has also hides it a bit.)

    Neighbour says that it was like that when they bought it, and like that when we bought a few years ago, and so it should remain. They have maintained the fence, replacing panels.

    how long has it been like this?

    Adverse Possession and Your Neighbour's Fence
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  4. #24

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    Quote Originally Posted by schater View Post
    Nothing specific to contractors, but just wondering if any of you learned folk can help me out ...

    We have a boundary dispute with our neighbour. I am told that it is recommended to attempt to use dispute resolution services before going down the legal route. Apparently courts do not look favourably on cases/plaintiffs where dispute resolution has not been attempted.

    RICS has something called Neighbour Disputes Service, but this is a bit pricey.

    Do you know of any other arbitration/mediation/resolution services for boundary disputes?
    Erm, if you think that arbritation is 'a bit pricey,' just wait until you get the legal bill if you lost the court case.
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  5. #25

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    Sorry for the late reply to your comments.

    Quote Originally Posted by BolshieBastard View Post
    Erm, if you think that arbritation is 'a bit pricey,' just wait until you get the legal bill if you lost the court case.
    Do you have any idea or experience of what these can come to?

  6. #26

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    Quote Originally Posted by vetran View Post
    how long has it been like this?

    Adverse Possession and Your Neighbour's Fence
    More than 10 years. But we bought from probate as the chap who owned this house passed away, and that can be one reason to reject an application for Adverse Possession.

  7. #27

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    Quote Originally Posted by WTFH View Post
    So, is your issue that you are "losing" a lot of land?

    You've still not told us what your actual issue is, or what your ideal solution is.
    Ideally we would like the fence to be in a straight line (from corner to corner), as is every other boundary like this between houses around us, and as shown in the title deeds for both our houses. This would give us extra room up the side of our house.

  8. #28

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  9. #29

    Prof Cunning @ Oxford Uni

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    Quote Originally Posted by schater View Post
    Ideally we would like the fence to be in a straight line (from corner to corner), as is every other boundary like this between houses around us, and as shown in the title deeds for both our houses. This would give us extra room up the side of our house.
    So you would like a new fence put in?

    How much are you prepared to pay towards that fence?

    What discussions have you had with your neighbour about it? Were they discussions or did you just make demands?
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  10. #30

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    Yes a new fence, on the _correct_ boundary (e.g. straight). When we first brought it up with them (fence not on boundary) they looked at us as if we were speaking a foreign language. What could be wrong they said? They said that the fence is where it was when they bought, and when we bought and we "bought as seen", so there. We offered to contribute (even though the boundary is their responsibility) to the cost of moving it, and they went away to think about it. Two weeks later we had another meeting and they said it was "unfair" as it was an "established boundary". We offered to pay for the whole fence (as suggested by SueEllen earlier), but they may need to cut back some vegetation and replace part of a raised wall which had been moved. That offer didn't go down well. We then suggested RICS dispute service.

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