Boundaries and the Law?
Question:Lets say my fence is constructed bang on the boundary line as it should be - If that fence collapses and i repair it and in error have put it lets say 3 inches onto my neighbours land, is there a law or similar in place to say that after a certain period of time that land becomes mine or my neighbour can't ask me to move it - is it written anywhere. The fence in question has been there 10 years now! My neighbour has said nothing till now - he wants his 2 inches back! He has never said anything before.
Answers:
It is called Encroachment. It is illegal. You must give him back every inch! Perhaps he'd sell that bit of land to you...
http://dictionary.reference.com/search?q...
your screwed. Most everywhere if he has some one come survey his property, he could take civil action to have you tear down and rebuild.
There have been very expensive court cases over a couple of inches. I'm not a lawyer, but in my opinion, you're in the wrong. You're referring to squatters rights, which as far as I know, is 12 years. (I've adopted a spare bit of land and I'm looking after it, so I'm quite interested in this.)
Sorry, but I'd be nice to your neighbour and redo it with good good grace. It would save you a fortune in the long run.
Assuming you are in England, then the period in question is 12 years, so your neighbour unfortunately is in the right. However the fence does belong to you, and was erected at your expense. The best solution is to discuss with your neighbour what a reasonable solution would be - perhaps he pays to have the fence moved, or you share the costs, or you agree to do it at some future date when you or your neighbour are doing work to the boundary in any case.
Oh dear, the only ones who are happy with boundary disputes like that are the lawyers. You've admitted that you are aware the fence is on your neighbour's land. Be a good neighbour, smile sweetly and move it! You've not acquired any rights.
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