borders

[dickson]

hi all ,the mother in law stays in a bungalow which has a path leading up the side to the back garden , on one side is the gable wall and a six foot fence on the other. the path is about two and a half feet wide, a problem started when neigbours put up two huts on their side against the fence .the earth is 6 inches higher on the neigbours side. they then filled the huts with large garden pots, as a result the bottom of the fence has moved 5 inches onto the path and the gate lies at a very strange angle. the result is the inlaws can no longer get their bin up the path to the back garden. she spoke to the neigbour but she does not want to know. i am planning to get the fence taken down the offending earth moved and maybe a couple off metal plates dug into keep the earth in place then making good the fence. could i do this as it is on our land without the neigbours consent

[phaedra]

Be very careful, before you do anything double check your facts, make sure you have a copy of the boundaries, better still any old photos showing the original size/layout of the path and fence position. It's also worth a call to the planning office to see what they say about it.

[keithl]

I would say to check out the ownership of the fence - and you may need to go back to the title deeds to do so. if you do any work on the fence (even with good intentions) and it belongs to the neighbours' house, then you could be in trouble. On the title deeds, the ownership is marked with a small T on the side that owns each boundary - usually you have one side of the garden. If the In-laws rent then it may be mentioned on the tennancy if they have a responsibility to maintain it, or the landlord may be willing to help.

If the neighbours rent, then if you know who their landlord is, approach them directly.

[dickson]

thanks for advise will check the deeds.as i said the path was clear for years and now this problem encroaches onto the path and cuts accsess to the garden.the slabs that make up the path are all original as is the fence and both are home owners.

[reddivine]

thanks for advise will check the deeds.as i said the path was clear for years and now this problem encroaches onto the path and cuts accsess to the garden.the slabs that make up the path are all original as is the fence and both are home owners.

If both are home owners the question probably to ask is "Who put the fence up in the first place?" If the earth higher on the neighbours side, I would think that the lower sider wd be withing their rights to build a small wall (to retain the slope of the earth) and then put a new fence on top. Its a thought.

[Flymo]

This is one of those cases where it's worth taking legal advice, as knowing where you stand may prevent an unfortunate situation from becoming a dispute.

Your mother in law should check her household insurance, as she may have some legal expenses cover as part of that policy, which often includes a legal helpline. It's also worth checking things like union memberships, as some trade unions have a legal helpline for members.

As the neighbour has caused the landslip, they may well be responsible for all the consequences, including putting the fence back into good order.


It is impossible to be certain of the situation in a forum such as this. I'm especially unsure if your mother in law in Scotland, as Scottish law is different to English law in various ways.

[dickson]

the high fences were put up by the original builders and are the samr throughout the small estate.will certainly get the deeds checked . thanks to all.