2009 Omlet cube and run for sale

[kissinuk]

After reading the "Were loosing part of our garden" thread thought I'd post this here to see what people think. My garden is a bit of a strange shape and I always wondered by it wasn't more square in the corner. After checking with land registry the land on the opposite side of the fence it actually ours and not the house in the next street. This would square the garden off nicely and free up some room for me to have a move around to give the chickens more room, perhaps even a WIR.

 

As it is such a small piece of land will I be going OTT by speaking to the neighbour about it? I really want to do something but my wife isn't so sure. I am well aware that it has been this way since 2003 and I would need to move fast otherwise he could put in a claim for adverse possession next year (although I should then be able to object to it and it would be thrown out). I have started to maintain the area recently, before I speak to him.

 

What would you do? It is useless for him anyway as it is to the right of his drive, I could make much better use of it! Or am I making a mountain out of a molehill (literally!)?

 

[Duncan08]

I would move your fence and incorporate it into your garden properly.

 

If you already speak to your neighbour, then tell him what you are doing. If you don't, I wouldn't bother.

They will either be happy for you, impassive, or unhappy.

 

I made a big effort with my neighbours lately over something and gave them a load of information and invited them to talk to me if they had any questions. Next door but one wrote a four page letter objecting to my licence, and even paid for a copy of my deeds.

They didn't try to talk to me directly, even by posting a note.

Their objections were thrown out, they even objected that we have four cars parked on our drive that can fit six

Lifes too short to fall out with people, so we still wave and smile, but don't not claim whats yours if it is going to make your life easier.

[WitchHazel]

If it has been part of his garden since 2003, I would definitely NOT move the fence without telling him that you are going to do so.

Imagine, for a minute, that it was the other way around. One morning you wake up and find your neighbour has "claimed" part of your garden. After you've stormed round to find out what the hell is going on, and your neighbout has explained, you're going to still feel pretty annoyed that your neighbour didn't have the courtesy to at least tell you first.

 

So, I'd recommend talking to your neighbour. Don't (in this case) send a note, as it only affects one set of neighbours. Say that you feel a but embarrassed about this, but you've discovered that the fence is in the wrong place, and that you are going to move the fence to the correct boundary. Show him the area, show him the land registry thing. Give him time to check things on his side - who knows, maybe there was some other agreement? Maybe the land was purchased byt land registry weren't told. I know it's unlikely, but if it's unlikely then there is absolutely no harm in letting him check. (And if there is something, then it's as well to find out before you move the fence).

 

Keep in mind how you would feel if it was the other way around.

 

I can't promise that it will all go well, I don't know how your neighbours are likely to react. But what I can promise you is that f you fall out with your neughbours after being reasonable like this, then the fallout would have been a lot worse if you had just moved the fence without saying anything. If they get narky after you have been reasonable, magine how horrible and vindictive they would be if you had just stomped in and moved things.

[The Dogmother]

Some wise advice there from Hazel; I'd go round and have a chat, take some eggs with you.

[Guest]

That's a funny one!

If the land is outside your fence as built by the developers, but the land is yours - it could have been included in the plans of the original housebuilders planning permission. As part of the planting up of the roads etc, sometimes naming specific planting schemes, it might even be a "sight line". BUT - although most developers put theses things in as covenants (I had one for no front garden fence over 18 inces for example), after a resonable amount of time they are mostly ignored and allowed to lapse. THe only person who could object in that case is the developers/housebuilder, but they usually only want these covenants to remain in force whilst they are still selling houses on the development - to ensure a uniform "look". After all this time - they won't be bothered what you do.

But you may have to ask your local council for permission to incorporate what is in effect "front garden" into your back garden. My sister did this to get a better alignment to her boundary - and permission was easily given after a site visit.

So approach your council and then advise your neighbour of what you intend to do with YOUR land and call in a fencing company! It would pay you to have all that fence renewed at the same time, then it would look like you had always intended to do this at some point anyway!

Good luck - every inch counts in gardens! x

[kissinuk]

Thanks for all the good advice, I would of course discuss it with the neighbour first. They did build a massive extension overshadowing our garden without discussing it with us first though, but there you go.

 

The fence was put up that way by one of the past owners, the builders had it laid out completely differently originally, with a much smaller garden. I imagine someone has agreed to leaving it like that in the past, but that certainly wasn't me and as the land registry have already told me it's mine I think I will definitely go have a chat with him.

 

Thanks again, some wise words have been said!

[Margalot]

Hello,

just reading this post, do you think it could be something to do with the visibility splay on your neighbour's part? If your fence was moved to cover the red line would he then have no visibility getting off his drive? just a thought!

[newcountrygirl]

Claim it back - it is yours. Speak nicely but firmly to the neighbour and like others have said - put new fencing up all the way - so it looks like you were always going to do it.

[Guest]

Hello,

just reading this post, do you think it could be something to do with the visibility splay on your neighbour's part? If your fence was moved to cover the red line would he then have no visibility getting off his drive? just a thought! [/quote

 

That's why I mentioned sight lines! But that only usually applies at junctions - not end of drives! Just think how many people have a straight drive that goes right on to a road? - not everyone has a bit widening at the end do they?

[Guest]

Imagine, for a minute, that it was the other way around. [/b] One morning you wake up and find your neighbour has "claimed" part of your garden. After you've stormed round to find out what the hell is going on, and your neighbout has explained, you're going to still feel pretty annoyed that your neighbour didn't have the courtesy to at least tell you first.

.

 

 

Exactly! - They may after all think this land is theirs!

 

THe boundary of my old house was a bit skee-whiff - the builders put the fence about a foot further into my land than the land registry showed. We only became aware of this after several years. It didn't bother us and the developers had actually built the house next door about a metre too close to us! So if we moved the fence we would have ended up with a narrow strip about 2 feet wide down the side of our garage, that would have been useless. We would also have had solicitors costs and the cost of replacing the fencing (which was our neighbours). When advised by our solicitor our neighbour went ape about it! Even though we explained we were not contesting this and wanted to leave things as they were. The land registry was changed and our neighbours were hostile to us until they moved some years later. They told their new buyers that we had wanted "half of their garden"........ All because a line on a plan was not interpreted properly!

[C&T]

We have some funny rules in our estate. Some houses own a lot of land, and have to maintain it, but half of it is outside the fence, so not part of their garden. And the fences are not supposed to be moved.

 

In my old place I had a great big bit of land outside of my garden in the parking area for the flats - but no-one realised it was mine and we had organised work parties to maintain it... I never did come clean... And it wasn't as though it was at all usable...

 

One or two have tried to incorporate all their land within one fence - but mostly where it has zero impact on anyone else so not likely to be questioned. Not quite the same as your position!

 

Good Luck!