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Boundary dispute

(294 Posts)
Bluebird29 Wed 04-Apr-18 19:14:17

Bought a bottom flat which is leasehold and it had been empty two years. The upstairs flat (only two flats) are trying to use 3 ft of the concrete yard. They have while it was empty installed an outside tap and a washing line and keep their bins there. I moved in at the beginning of the year and asked them not to use my yard. I want to put a fence up at the edge of my land but they refuse and say it needs to be 3ft in so they can use the tap and the washing line. The plan that is registered with the land registry shows the yard is my flats. There is also shared land around the flat and they are using it for their car and there’s no room for my car and if I leave my bin on the shared land they move them to the yard. I put my car on the shared drive when they were out once and they screamed at me banging the door until I moved it. My lease shows it to be shared land clearly and the yard mine alone. They want to use the first 3 ft of my yard. Can I put a fence up to stop this along the boundary or do I have to let them use my yard? Freeholder not interested and won’t get involved. I just don’t want them in my yard and I want to be secure. Am I wrong?

Bluebird29 Wed 04-Apr-18 19:15:28

if I just put the fence up can they stop me?

Bluebird29 Wed 04-Apr-18 19:16:43

They have three dogs who use the small postage stamp bit of grass I the yard as a dog toilet and it’s got burn marks from the wee.

KittiKat Wed 04-Apr-18 19:23:30

If I were you I would photocopy your Land Registry deeds to show them that the yard is actually yours and give them 28 days to remove their tap and washing line.

DairyisClosed Wed 04-Apr-18 19:28:18

Absolutely so long as you allow them access to retrieve the washing line and tap.

Bluebird29 Wed 04-Apr-18 19:46:27

So apart from allowing access they can’t use it.

Bluebird29 Wed 04-Apr-18 19:48:35

Access to get their stuff, I mean.

Bluebird29 Wed 04-Apr-18 19:54:33

Could they take my fence down if I put it up?

Troels Wed 04-Apr-18 19:59:21

Call the solicitor who managed the buy for you and have him sort it if you are worried they will kick off.

Rac11 Wed 04-Apr-18 20:17:46

No they can’t take your fence down, that is property damage. It’s a civil matter so police won’t be interested until they start vandalising/taking apart your property I.e your fence. Then you can report them. But give them time to take their things like the other posters said. I wouldn’t tell them you’re planning to put up a fence in case they try to disrupt that on the day, but that’s up to you.

You can suggest mediation services that your local authority can organise for you both I believe but that’s assuming they would want to participate in that. Just be aware that if you do get in a neighbour dispute it may have to be declared if you decide to sell the place though from you say you have grounds so you can say you were just trying to remedy the situation.

Do you have house insurance with legal cover? They can provide free advice and if you have legal proof of the boundary will act on your behalf. Or just ask your insurers if you can access it if you don’t?!

Also look on gardenlaw, plenty of ‘interesting’ things going on there with boundary disputes. You might get more measured advice from there too from people with experience of this kind of thing.
But it is slightly terrifying to see what happens between neighbours sometimes so best to try and keep it as civil as you can confused

Rac11 Wed 04-Apr-18 20:24:41

Oh and it does sound like it’s going to be protracted so I would start keeping a diary. Write down everything that’s happened so far, what, date, time, who etc. If you do send letters send recorded delivery (yes I know they’re just upstairs). If it does go legal route, the courts are going to want to see you tried to solve this outside of legal route first so keep your letters civil and to the point. Offer mediation etc. Good luck!

Bluebird29 Wed 04-Apr-18 21:14:37

Thank you.

RagamuffinCat Wed 04-Apr-18 21:46:34

I would show them a copy your deeds and make sure theirs don't say differently to yours, then if they still carry on put up a fence.

Bluebird29 Wed 04-Apr-18 21:51:05

I got the land registry plan and it’s the same as mine. The boundary is very clear. Not 2ft back.

KittiKat Thu 05-Apr-18 08:21:36

That's good news then! You can show them their Land Registry plan and yours! Just double check your Title Deeds and make sure there are no covenants that say you have to share your yard or give them right of way etc.

Bluebird29 Thu 05-Apr-18 21:39:41

I’ve got my lease and they aren’t any covenants and on checking the plan they actually have stolen a large portion of the shared land and fenced it off for their own use! I hadn’t realised.

Bluebird29 Thu 05-Apr-18 21:40:22

So if they take me to court I will be bringing that up with the judge too!

Bluebird29 Thu 05-Apr-18 21:41:13

If they hadn’t got all funny I wouldn’t have even noticed! It’s a large bit of land too.

InTheRoseGarden Fri 06-Apr-18 18:57:32

Cheeky fuckers. Chancers in fact. Bet they're going for an adverse possession claim.

It's so important to defend your boundaries. If you fail to you risk losing an adverse possession claim and ownership of the land. I would get them off my land and complain to the freeholder about them fencing off the shared land. Agree about involving the solicitor if necessary.

Bluebird29 Fri 13-Apr-18 19:01:22

Looking into it all I have also noticed they have concreted a bit of my front garden to make themselves a path next to the shared driveway. Land stealers indeed!

Bluebird29 Mon 23-Apr-18 15:46:56

Came home and they have put a padlock on the shared drive gates!

wowfudge Mon 23-Apr-18 16:42:26

Hmm - you need a solicitor's letter sharpish.

QuinionsRainbow Mon 23-Apr-18 16:48:51

Whose water supply is the tap connected to?

wowfudge Mon 23-Apr-18 16:49:55

Ask them for a key or the code - they have no right to prevent your access. If they threaten you, contact the police.

Bluebird29 Mon 23-Apr-18 17:21:25

Their supply.

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