The issue
Our client, residing in a rural village, contacted us with an issue they were having with their neighbour.Both neighbouring properties enjoyed very large gardens, which were enclosed by timber fencing.
When the neighbour re-fenced their garden boundary, they appropriated a significant amount of our client’s land into their garden. Additionally, they moved gateposts and gates in their favour, which impacted on the sightlines to access a busy main road.
The neighbour’s argument being that the previous owner of our client’s property had erected the fence in the wrong position. He was rectifying their mistake.
Our client disagreed with the siting of the new fence.
In a twist, that made the issue even more difficult for our client, the previous owners of our client’s property were infirm, and refused to assist our client in asserting the correct position of the boundary features.
How we helped
We provided a comprehensive search and review of the historical records, deeds and other property documents, available for the disputed areas of land, and were able to establish that the neighbour had in fact incorporated land into his garden that did not belong to him.Despite being faced with this evidence supporting our client’s position, the neighbour refused to backdown.
We issued a claim on behalf of our client. Negotiations pre-trial resulted in our client’s neighbour coming to an agreement as to the where the true boundary between their two properties lay. The fences were replaced in the correct positions, and the dispute was resolved, avoiding the need for a costly trial.
