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?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).