AIBU? How should I deal with neighbours and our land?

[2plus1]

I am not sure what to do about our new situation we find ourselves in. We live in an old semi and originally the driveway went down the side and into the garden at the rear. We have a neighbours drive alongside ours. The previous owner of our house put a two storey extension up which goes across our drive to within 2 foot of the boundary between us and next doors drive. The actual driveways were partitioned by a fence prior to our purchase but this didn't actually go past the extension wall (for whatever reason??). Next door have since put their bins on the small stretch of our land besides our extension wall so they don't block their driveway for vehicles. However, today they have had block paving put down with a nice feature border that encompasses our strip of land besides our extension. Essentially it looks like all of the driveway is theirs yet we own this strip of 2 ft by approx. 12ft. They didn't even discuss this with us either. Technically we could fence this off but would have to take up their new block paving to put in fence posts etc, not very good for neighbourly relations.

So 1. should I be worried about this, ie what are the legal implications?

1. How do I deal with this, we get on ok although don't like disputes.
   
2. Or AIBU?

[Wuldric]

YANBU

You do really have to deal with this. It has implications for the value of your property. I know it's nice to be naice, but you can't let this go. I suggest you go and talk to them, explain the difference between mine and thine, and ask them to take up the block paving because you plan to reinstitute the fence. They won't of course, and it will result in a claim but you still have to do it.

[Ifcatshadthumbs]

I think you have to approach them but before you do find out what the legal implications are first so you can go from it from that angle rather than "hey that's our land"

[Mumzy]

Do you have a diagram showing the boundary? If not it'll be in your deeds. It'll strengthen your case if you see them armed with evidence part of the drive is your property. Hopefully they'll see sense and sort this out if not you'll have to see your solicitor and take it further. Agree with poster that if the boundaries become blurred it could be a problem when you come to sell.

[steppemum]

Just talk to them, you can do it nicely - ask them if they are aware where the boundary actually goes?

You will need a copy of the deeds with your extension on it, and then a plan as to what you want them to do. Are you happy for the blocks to remain or do you want them lifted? Are you happy for their bins on your land? You probably need to demark the boundary in some way

[2plus1]

I think we need to have a chat with them about this, I may try tomorrow if they are in. The land registry title plan shows a straight line boundary between us, not one with an extra bit on their driveway. The extension does not show on the land registry plans so I will have to dig out those extension plans that the council approved and check any further detail on these. Thank you

[mikkii]

If you allow them to use your land without challenge, after a period of time (20 years?) they can claim it as their property. You must challenge this.

[hamilton75]

It sounds like they already think they own it so you need to put them straight immediately as it may have implications in future.

Personally I would want to fence it off as verbal agreements are often disputed but you can take dated photographic evidence of the fence for future reference should you ever come to sell.

Have a chat, show them the plan but be prepared for it to be challenged if they feel they have owned/used it for a number of years.

[2plus1]

Ok the extension plans were done in 2006, whilst a fenced area. When the extension was built obviously the fence was not there. The extension plans detailed the area of land as belonging to our property and that the projected images of the side view showed that the 'closed boarded fence was to remain'. The build was signed off by the council in 2010/2011 and we started purchase proceedings in 2011/2012. When we were conveyencing, we asked our solicitor to define what should be there (in deeds/plans etc) and for the seller to action this. All was agreed. When we moved in just two fence panels were placed at the driveway but not at the extension, however the boundary was clearly defined by the edge of their tarmac and our 'gravel'. In fact they were dumping their rubbish there and I had previously discussed with hubby that we need to erect a fence! Now their new block paving has a pretty border that goes around to our extension which this morning looks like it is really theirs, ie it has redefined the boundary.

I have plans in hand and wish to speak with them about this but they are not home at present. Should I leave a note to say I wish to speak with them?

I think my issues are:

1. Boundaries were defined correctly but their work has redefined our land as theirs, contravening plans.
   
2. I feel this will cause disputes later during conveyancing of either property causing reduction in price or selling hold-ups.
   
3. I did not give permission for such works and want it put back to what it was.
   
4. We will be putting up a fence to redefine the boundaries as per the plans and land registry docs.
   

Does this sound like the action I need to take?
Do I need to issue any letters via solicitor to verify this at all?

Thank you so much for your valued comments.

[hamilton75]

It seems fair enough to me (and I have some legal experience in property law). You can get back copies of the title register from the Land Registry that would show the boundary historically but that's only belt and braces, it sounds as though you have all the evidence in your favour so far.

The only caveat to this though is that plans can be reproduced wrongly (human error and all that) so I'd be interested to learn if the neighbours title shows that the land belongs to them. You can download a copy of their title plan from the Registry for £3.

As you bought so recently if there is nothing on their title the onus is really on them if they want to challenge you over ownership. Good luck!