A BAFFLED couple is being taken to court over a bizarre law that means the council owns a 2m slice of their garden.
Amy Bonner and husband Pete, from Surrey, moved into their dream home in Laleham Park but found themselves in hot water.
A 90-year-old error in the Land Registry meant a third of the pair’s garden is owned by Spelthorne Borough Council.
The couple are now being chased after they were informed that 2m part of their property has “encroached” on council land.
A shocked Amy said the council has treated them “like criminals” when all they did was buy a house.
She added: “I’m always on edge, the stress has been horrendous.”
Now Amy “wakes up in the middle of the night” worried about whether her and her husband will have to go to court.
The pair received the letter in July 2023 explaining the issue and, adhering to the council orders, moved the fence back by about a metre.
It was later revealed, unbeknownst to Amy and Pete when they bought the property in 2020, part of their new garden also was owned by the council as well as the shed.
The previous owner had assured them with pictures that this land had always been part of the house.
Regardless, the council has claimed they owned the plot running down the right side of the property, including part of the driveway, the patio and the shed.
This leaves the Bonners with only a patch of garden directly behind their home.
They attempted to resolve the issue with the council politely, agreeing to get a surveyor to mark the garden boundaries in January 2024.
Despite spending £2,500 on solicitor fees and a surveyor, the council demanded the couple to “vacate all encroached land” and dismantle the shed and remove the courtyard.
All the while expecting the new owners of the property to foot the bill.
After some extensive research, the Bonners found out the history of the small slice of land.
In 1932 it belonged to a man called Alfred Williams, but an error in 1934 saw the land transferred to the council.
Nearly a century later, the Bonners are still paying for the mistake, even though the previous owner had always used the land without any objections.
The council however now are claiming Amy and Pete are building extension work on the land and are “obstructing access” by putting a skip outside the front of the house.
This skip supposedly blocks off essential water supply accesses which was said to be needed at all times.
Amy and Pete have desperately refuted these claims, explaining the shed was constructed before they moved in.
The frustrated couple said they can’t remove any developments as they “can’t take down some that’s not there.”
Amy is shocked at how it appears the council has an “unlimited budget” to throw at the issue and thinks it’s a “a crazy way to spend public money.”
Amy and Pete are hoping to claim “adverse land possession” to take back the contested part of their garden, but this could take up to a year.
The issue is yet to be settled and surveyors are continuing to measure up the boundaries of each property and tracing back ownership archives.
Spelthorne Borough Council told The Sun: “The Council has a duty to protect public land and is working with the residents concerned to resolve this ongoing matter.”
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.
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.