18 hours ago
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A NEIGHBOUR row over a strip of land just one inch across has left a family facing “death threats” from locals.
Darren and Debbie White have been locked in a bitter dispute with the Alder family in Chelmsford, Essex, since 2016.
JOHN McLELLANDarren and Debbie White (pictured) have been locked in a neighbour row in Essex[/caption]
JOHN McLELLANThe bitter dispute is over a strip of land just one inch across[/caption]
JOHN McLELLANThe red line shows the boundary line between the two properties[/caption]
The court battle started when the White family demolished a boundary wall to make room for a garden home for their son.
They claimed the wall separating their properties was structurally unsafe and “wonky”.
The Whites built a replacement wall, which was described as “straight” by Mrs White.
However, it extended about one inch further than the original structure.
And unknown to the family, the previous owners of the two cottages had created a boundary agreement in 2005.
The Alders took legal action against the Whites in September 2020 as a result.
They said the Whites had damaged their property and built on their land.
The Court of Appeal upheld the boundary agreement this month.
The court found the boundary agreement created by the previous owners was valid.
It is also binding on the current owners of the houses – even without their knowledge of the agreement.
But Mrs White claimed they had received planning permission to build the outhouse in 2012.
The Whites are now facing more than £100,000 in legal costs after losing their court case.
“I go to bed every night and I don’t want to wake up,” Mrs White told the Mail.
“I’ve just been signed off work for two weeks with severe stress. I’m on the maximum amount of antidepressants.”
She also said they received death threats from unknown parties during the dispute, claiming that a male stranger came to her door and threatened to shoot her husband over the boundary row.
There is no indication the Alders were connected to this alleged incident.
“We had threats to our lives,” she added. “You shouldn’t be threatened with murder on your doorstep.”
Mrs White said the family will now be forced to sell their home to cover the legal costs.
Her husband is currently in hospital with Primary Progressive Multiple Sclerosis.
The Alder family refused to comment when approached by the Mail.
What are your rights over a fence row?
IT'S very important to know your rights if you are embroiled in a fence row with a neighbour.
How do I know which side I own?
A boundary feature can be a fence, wall, hedge, ditch, piece of wire, or sometimes even just the edge of a driveway.
The only way to know for certain who owns what side and to avoid any neighbour disputes, is to refer to the title plan or Land Registry.
In this, the T mark is used to indicate who the boundary belongs to and therefore who is responsible for its upkeep, say pros at Jacksons Fencing.
Larger developments tend to have some indication provided by the builder, but there are no hard and fast rules
People often think they are responsible for the left (or right) hand boundary wherever they live, but there isn’t any legal basis for this.
You can check with HM Land Registry to see which boundary feature you are responsible for.
Often households can’t get hold of the paperwork but experts say they shouldn’t panic.
Homeowners can guess who owns the fence by checking where the rails are.
Pros say: “The fence is typically facing away from their property so that their neighbour gets the ‘good’ side.
“This is the most secure way of facing fencing so there are no rails for anyone to use to climb into your garden.
“This is then repeated with the neighbour on the other side to ensure that each home has both a ‘good’ and ‘bad’ fence side.”
Walls and fences are often built on the land of the boundary’s owner with the edge of the wall marking the limit.
While professionals agree a glimpse at the fence can give you a hint, it’s not foolproof – so you can’t be certain.
Fines and punishment
It is recommended to always check legal documents before making changes to avoid hefty fines.
There is no law that the neighbour has to get the good side of the fence, so it’s completely up to whoever owns the fence.
Fencing pros have suggested: “It may be worth selecting a double-sided panel with no ‘bad’ side as both sides look the same and rails are concealed within the fence panel.”
If one boundary backs onto a road or footpath you can install the panels with the rails on the inside
But if it’s installed on the outside, it can provide an “easy ladder for burglars to enter your garden”.
The Royal Institution of Chartered Surveyors (RICS) and the Property Litigation Association have created a mediation service to help neighbours resolve disputes over their property boundaries without resorting to court action.
RICS also provides a list of surveyors who could assist in boundary disputes.
If a dispute continues, it is ultimately a court that makes decisions, but they do not like such disputes being put before them.
Changing a boundary
If you want to change an existing boundary, such as replacing an old fence with a new one, we always recommend discussing with your neighbour first and making sure it is all agreed.
The registered titles can help you to reach an agreement, but only if this information has been added.
In terms of decorations on a fence legal advisers recommended asking around over who actually first installed it.
But they also urged caution before getting to work on amending the fence without getting more certainty yourself – since there is a danger of actually being prosecuted for criminal damage.
How high can a garden fence be?
The height of the fence is measured from your ground level, this can have an impact when, due to slopes in the ground, your garden may be at a higher level than your neighbours‘.
A garden fence can be as high as 100m but you need to get planning permission if it’s over than 2m.
However, there are some complications to this.
If you are thinking about front garden fences, restrictions state that fences alongside a driveway can be a maximum of 1m or 3ft.
You would need to get planning permission for putting a trellis on a fence of 2m.
But, if any plant that you grow on that trellis exceeds 2m, you do not need to obtain a permit for the growing plant.
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