Q A few years ago, we bought our current home from an elderly woman in the early stages of dementia. Her relatives handled the sale as she moved into a care facility. As we’ve been decorating, we’ve noticed that the work she had paid for appears good superficially, but upon closer examination, we’ve discovered corners cut and shoddy craftsmanship. We initially thought this was the extent of her being taken advantage of, until my partner was invited into our neighbors’ garden. There, we noticed that the original fence posts, on their side, are in some places a significant distance from the current fence dividing our gardens. Our neighbors replaced the fence around a year before we moved in. When my partner raised this issue, the owner mumbled something about the elderly woman being okay with the fence line. However, we are not satisfied with this situation.
This change in the fence line, which we could call a “land grab,” has not been registered with the Land Registry, and there was no recorded exchange of money for the land during the sale. Therefore, there has been no legal transfer of ownership, and it appears that more individuals took advantage of the elderly woman.
What are our rights in this situation? Is there any action we can take? Furthermore, if our neighbors decide to sell their house, can we dispute the boundary? Our preference is to have the original fence line restored.
AN
A I believe it’s important not to use terms like “land grab” or accuse your neighbors of “taking advantage of an elderly woman” when referring to the change in the fence line. They might be just as frustrated as you are. If a contractor installed a new fence that isn’t perfectly straight, based on your description, and left unsightly old fence posts on my side, I would certainly be displeased.
Maybe your neighbors would be receptive to the idea of redoing the fence to its original position and removing the eyesore of the old fence posts. You could make this suggestion more appealing by offering to cover half of the costs. If your neighbors agree, it might be wise to establish a boundary agreement once the work is completed. This agreement would clearly define the boundary and determine responsibility for maintenance.
If you and your neighbors cannot reach an agreement, you could explore the option of using the Boundary Disputes Mediation Service provided by the Royal Institution of Chartered Surveyors. The cost, which starts at £4,420 (including VAT), is likely to be significantly lower than taking legal action and would also prevent any deterioration in your relationship with your neighbors.
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