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UK Law - Boundary Fence Dispute?
I currently rent a property which has a 140ft rear garden with a boundary fence that belongs to my neighbour. My neighbour moved into his property (which is privately owned) with the boundary fence already in place from the previous owner. The neighbour is now replacing the fence but has told me that the previous owner has put it in the wrong place and that it needs to be positioned at least ( or roughly as he put it ) 5ft onto the land that i currently rent. Not feeling to happy about this i did some research and found Ariel photos from 10yrs back clearly showing the fence where it is at the moment and not 5ft onto my garden.
Question: Can the neighbour continue to install the fence where he thinks it should be?
What can i do if he damages the plants and trees in my garden while installing the fence?
Can or should i call the police if any of the above occurs?
I have tried to contact my landlord about this but with no luck as yet.
Answers from any solicitors would be much appreciated
Thanks
Also where would i stand if my landlord allows the neighbour to install the fence where he wants, bearing in mind that i began paying the rent for the land and property, as it was so to speak from february 2010?
6 Answers
- Anonymous1 decade agoFavorite Answer
This is a matter between your landlord and the neighbour - it has nothing to do with you. All you can try is for a reduction in rent because of the change to what was previously agreed.
After all, the landlord can sell all the land including the house to your neighbour if he chooses.
EDIT > sorry misread your question - I thought the landlord was aware.
The landlord must keep you informed, as a matter of courtesy, this does not give you any solutions. But the neighbour has no right to clai the extra 5 feet of land without the landlords permission.
As the tenant - it is your home, so you can tell the neighbour not to do it and you can call the police for trespass and criminal damage if the fence is knocked down. This may stop the neighbour, but then he may have had permission from the landlord ? You should force the landlord to reply to you by phone - writing or see him in person to tell him you will call the police.
You must be informed of changes to your tenancy by law. The neighbour will be breaking the law if he trespasses on what you believe (as is the current state) to be your garden. Which it is as it is your home.
The landlord may not be aware, in which case he will be happy that you told him. Do not minimise your right to stop the neighbour just because you are renting and not the owner.
You pay rent - it is your home and garden - you have the same rights as a house owner - but the landlord can change the conditions of the situation once he gives you fair warning.
The neighbours claim on the land must follow due legal process if the landlord disputes it. The neighbour can not just move the fence. If the landlord is aware and does not dispute it there is nothing you can do.
- Peter CLv 61 decade ago
If your neighbour will not voluntarily wait until the disagreement has been sorted out then you can do nothing.
Involving the police is probably a waste of time, unless a criminal offence is involved they will not be interested, quite correctly so as this is a civil matter. If he damages your plants then it may well be that he could be prosecuted for criminal damage, but again, the police would likely be loathe to take action. You could ask the police to send your community officer around, if they have one, as part of their role is supposedly to arbitrate in matters that could potentially escalate into violence or breaches of the peace, but I wouldn't hold my breath.
You could of course sue your neighbour if he does cause damage to your property and it would be as well to start taking photographic evidence in support of this eventuality. Indeed your landlord may even be pleased that you did so in the event of their getting involved.
Generally as far as the boundary is concerned, as a tenant the matter has very little to do with you, you have no standing in the matter in law, it is your landlord's problem.
Aerial photographs from ten years ago mean nothing in such a case, where the boundary is shown on the deeds is paramount.
If your landlord does not do anything and the fence is replaced an additional five feet into your garden then you might have a case against your landlord for a reduction in rent, but even that is a small chance unless the change of boundary causes you a clear loss of amenity or hardship.
You need to contact your landlord or the letting agent as soon as possible, stressing the urgency. If the fence is built and it goes to law such cases will often run up costs in the hundreds of thousands of pounds, with no possibility of legal aid.
- 1 decade ago
You need the original plans and have to get hold of the Landlord, tell the neighbour he`ll have to wait until the landlords been contacted, the cheeky little git., If I was the landlord I`d have a frigging fit if someone damaged my land.
- Anonymous1 decade ago
Possession is 9/10's of the law. Resist all attempts by your neighbour to relocate the fence until your landlord has been informed of the situation.
This is a landowners dispute, that can only be resolved by the landowners. but your neighbour has NO right to just move in without due legal process.
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- JonLv 71 decade ago
It is really for your landlord as the freeholder to deal with this.
If your landlord agrees to this change, or loses a court case against it, then you could reasonably expect to pay less rent for a smaller garden.
- 1 decade ago
call your local surveying comp. and have them mark the land out and see if what he is doing is really the truth or not
Source(s): my mom is in realestate. lol