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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22386
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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We bought our house 3 years ago with planning application to

Customer Question

We bought our house 3 years ago with planning application to build an extension. The extension was scuppered slightly by a wiggly boundary line that was marked out with chicken wire, odd poles, over grown fur trees and weeds. The neighbour said that if we wanted to straighten the boundary around the side of their garage, so that we could have a wheel barrow's width of access it would cost us £5k or he was going to put a fence up the next day because he was getting a dog. We said no, we're not paying that nor are we going to allow you to put the fence up because we don't agree with his lines (There is a brick built post and small wall at the end of the drive which was built at the same time as our house, if you ran a straight line to the back of the gardens then the boundary in dispute would be ours, as would about 20ft of his current garden). In the end we agreed to give him £1500 for the 18in x 3m and they then put a fence up to mark the new boundary. We're now selling the house and the neighbour wants formal documentation that the boundary was agreed and access to maintain his garage - which is on the boundary - from our land. We asked the conveyancer who said that we would need to get drawings and deeds showing the new line, the land surveyor said that it would be overzealous and doesn't require anything due to the Access to Neighbouring Land Act 1992. Meanwhile, we just want to move with as little complication as possible.

Can we say to the neighbour, the fence marks the line and you have right to access neighbouring land by law so we don't need anything in writing?  Also now the solicitor knows that there has been a boundary agreement made he is saying we need to draw up contracts.  Can we just say actually don't worry about it, leave it as it is? We have declared that a boundary was agreed and that the fence marks the 18 inches?

Submitted: 3 years ago.
Category: UK Property Law
Expert:  Stuart J replied 3 years ago.

Hello, I am Law
Denning and I am a practising solicitor in a High Street practice. I have been
an expert on this website in UK law since 2008. During that time, as you
appreciate, I have answered thousands of questions from satisfied users on a
variety of subjects.

we are all in practice with clients and court and other users, I might not always respond in minutes,
particularly evenings and weekends. Please bear with me in that case

It is my pleasure to try and assist you with this today. Please bear with me
while I gather some further information from you in order for me to be able to
advise you fully.

So the
two issues are access for maintenance and the actual location of the boundary?
Does he agree that where the boundary is now is the boundary?

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