BOUNDARY ISSUE/DISPUTE.

[Jeff G]

Three years ago, I purchased a new build property (Tilia Home) in Startforth, Barnard Castle & even though the boundary line is clearly defined on the site plan & runs 50/50 between my own & my neighbours property's house gable end & front & rear gardens (plots 99 & 100).  Because of the ridiculous drop between both plots the builder relocated the rear garden retaining wall topped with a six-foot fence approximately three feet into my neighbours plot, which now concedes a narrow strip of land from the front garden that runs between the property's through to the end of the back garden.

 

After over two years of thinking everything was fine my neighbour recently informed me that after he had asked for the deeds to his property & his solicitor informed him that according to the site plan the new boundary line between the two property's was in the wrong location & he now requires the boundary line to be reinstated to its original position, which would effectively continue the line of the fence I have erected from the rear garden to the front garden - seen in the photo below, which would spit the gravelled area I have maintained in two: so, I pleaded ignorant!

 

As I was originally assured by the builder that the boundary line had to be relocated to its new position (the higher fence) due to the fall of the land between the two properties & thought they would have updated the repositioning with 'planning'; they obviously did not!  So, where do I stand on the matter?  As you can see, I have erected a secondary fence below my neighbours newly positioned boundary line fence which ironically is situated on the original site plan boundary line!

 

Any advice on this matter would be very much appreciated before I have to commence lining the pockets of the legal profession!

[ProDave]

So YOU have erected the dark brown fence on what you believe all along is the correct boundary? and the builders erected the light brown fence on top of the wall in the wrong place.

 

If you continue the fence down the (shared?) passage between the houses then the problem is solved.  It does not need to be an intimidating high fence if you don't want, just a row of posts and wire would mark the boundary and leave your neighbour free to do what he wants with his half.

 

This would seem a lot simpler than trying to get legal and argue it is the deeds that are wrong.

 

My only concern would be now you have erected the dark brown fence, the neighbour may decide to take down the light brown fence which would leave his garden looking down on yours compromising your privacy.

[Nickfromwales]

To be clear, you are being asked to install more fence line between the houses?

There’s no need for a physical barrier, just both properties share that access and respect the boundary.

Seems nuts to have that dead man’s land between the 2 fences though.

 

Ultimately, it is 100% your own fault for not checking the official deeds and listening to a builder when he just pointed at things, however, if they sold you the property on this understanding and you have it in writing, with evidence, then you could go after the builder (if they were the sellers) for misrepresentation.

 

Are you on good terms with the neighbour?

[IanR]

21 minutes ago, Jeff G said:

As I was originally assured by the builder that the boundary line had to be relocated to its new position (the higher fence) due to the fall of the land between the two properties & thought they would have updated the repositioning with 'planning'; they obviously did not!  So, where do I stand on the matter? 

 

It's not a planning change that would have been required, it's a change to the Title Plan at the Land Registry that would be needed, so you may have misunderstood the builder.

 

From the pictures, correcting the boundary to the registered position makes no difference to you in respect to the rear garden, as the rear fence appears to be in the correct location. Is it then "just" between the houses and the front gardens that the neighbours want a boundary fence erected, in the correct location.

 

From what you have shown there's nothing that allows you to claim ownership of your neighbour's land. If a fence is to be erected, you may want to take control of that to have the "better" side facing you.

Edited Friday at 08:22 by IanR

[ProDave]

Does the passage between the dark brown fence and the wall lead anywhere?  e.g to a rear access or steps up to the neighbours higher garden, or is it really a strip of dead space your neighbour is arguing over?

[jack]

I feel like I'm missing something obvious here.

 

If I understand correctly, the fence you have erected is on the correct boundary line as shown on the deeds. You're also happy enough for that to be the boundary line (presumably that's the case given you built a fence there).

If that's correct, then your neighbour stating that he 

7 hours ago, Jeff G said:

requires the boundary line to be reinstated to its original position

 

doesn't make any sense.

 

The boundary (in legal terms) already appears to be where your fence is. Presumably you aren't accessing, or trying to exclude him from accessing or controlling, the strip between your fence and the retaining wall.

 

The builder built the retaining wall and the fence that runs along it, plus it's on the neighbour's property, so I can't see how that anything to do with you.

 

All that's left is the shared passage that doesn't currently have a fence. If you're happy with it like that, but he isn't, then he's free to put up his own fence at his own cost. There might be a question over who owns the gravel, if it comes to that, but maybe you're happy to just leave it as it is.

 

If your neighbour doesn't like the position of the retaining wall, he'll need to move it closer to the actual boundary at his expense. Party wall laws might come into it at that stage, which could make things expensive for him (and moving that wall or building a new one will also be a significant expense, especially if you refuse him access to your land to do it).

 

Has be specified exactly what more he wants from you? Because to me, it seems you've already given him everything that's yours to give.   

[ToughButterCup]

7 hours ago, Jeff G said:

... he now requires the boundary line to be reinstated to its original position, ...

 

'... requires ...' indeed !

Do nothing. Let him do the work.

[Spinny]

I don't understand why you ever erected your secondary fence ? 

If in response to complaints from the neighbour then it clearly hasn't resolved the situation.

 

A lot probably depends on the neighbour and what sort of person they are. Anybody reasonable and you could have some open discussions about what he is actually trying to achieve. Does he just want to claim the land because because ? Perhaps he is concerned a future owner of your property might build on it making his a terraced house ? Perhaps he wants to get side access to his garden via some steps ? Perhaps he is planning to build a nice big rear extension onto it ? Perhaps he is concerned about losing the land to you by easement after (is it 12 years ?). It seems completely pointless to have a fenced off piece of land which will just become a weed trap. Perhaps you could buy some or all of it from him ? 

 

Is that his bin and stuff on his side of the alleyway ? Perhaps indicating he wants to prevent your gaining future possession by easement, or indicating how he wants to use the land ?

 

If he ever took his fence down, then I think you could happily plant 4m high trees adjacent to the boundary.

You might want to consider whether you could negotiate any covenants with him to put on the deeds e.g. to prevent him building on that land ?

 

Side wall almost looks like it was built like a party wall with no windows, air vents, or weep holes in it ?

You might perhaps have a case against the conveyancer when you bought the property ? Or the architect that drew that conveyancing plan ?

[Temp]

On 16/05/2025 at 09:00, Jeff G said:

he now requires the boundary line to be reinstated to its original position, which would effectively continue the line of the fence I have erected from the rear garden to the front garden - seen in the photo below, which would spit the gravelled area I have maintained in two: so, I pleaded ignorant!

 

Three years isn't long enough for you

to claim ownership of the land through adverse possession.

 

Check  both title deeds are consistent with each other in case only one got changed.

 

On 16/05/2025 at 09:00, Jeff G said:

As I was originally assured by the builder that the boundary line had to be relocated to its new position (the higher fence) due to the fall of the land between the two properties & thought they would have updated the repositioning with 'planning'; they obviously did not! 

 

Didn't your solicitor ask you to confirm your title plan was correct before completion? He would/should not let you rely on a builder moving the legal boundary after completion without something in writing. Was your solicitor negligent?