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AIBU?

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Original poster

To ask for part of my garden back?!

76 replies

lovelilies · 10/03/2018 16:19

Honestly not sure if IABU or not here.
Diagrams and photos attached Grin
NDN wants to 'finish off' the fence which currently divides our houses.
The fence was like this when I bought my house 2 years ago and I haven't really thought much about it but now I want to build onto the back of our house and realised it appears like NDN has 'taken' some of my land!

What's the MN verdict? And what should I do next?
The house next door is housing association, if that makes any difference.

To ask for part of my garden back?!
To ask for part of my garden back?!
To ask for part of my garden back?!
OP posts:
SilverBirchWithout · 10/03/2018 17:31

It looks to me that the fence posts are the boundary rather than the fence panels.
Who owns the fence? I suspect it's the neighbour's (HA), and as customary the nice panelled side of the fence has been fixed pacing your garden. What's needed are panels that are fixed been the posts on the boundary. Usually a more expensive fencing option, that's why the panels are encroaching on your garden.

SilverBirchWithout · 10/03/2018 17:33

Crossed posts with Oldraver!

StaplesCorner · 10/03/2018 17:39

I think 100% someone has moved that fence at some point so as to give the HA house an advantage. But I think its important here to establish how long that fence has been up. Months? - in which case was it put up whilst your house was empty during the time after repossession? Or years? In which case how many years?

When we moved into this house it quickly became clear that next door had taken a few inches of our land and erected an enormous (10 foot in some places) concrete wall. However, this took place in the 1950s and with the then owners' agreement so there was nothing we could do. I am on the lookout for any new owners trying to snaffle a bit more though!

StaplesCorner · 10/03/2018 17:41

Sorry just read Oldravers post and that is a very good point but its odd how your house is painted to accommodate the fence given the position of the drainage.

StaplesCorner · 10/03/2018 17:44

Excited, I think I've sussed it!! Taking on board Oldraver's point - the "stepped in" bit IS their boundary! - that's where their fence should be - the existing fence is actually yours!! This would then leave a small gap between the fences, not sure that's any disadvantage though.

Oldraver · 10/03/2018 17:54

I think OP said she painted the wall so would of probably only painted up to the fence.

IF the fence has been erected stepped in so it is entirely on your land this usually indicates there has been some kind og aggro in the past..it's what people are often advised if there is some argument over who is responsible for the fence...I wonder if the HA side is just trying it on trying to make out that is the actual boundary

StaplesCorner · 10/03/2018 18:03

sigh . Deflated

Lostin3dspace · 10/03/2018 18:08

It is fairly common in terraces like these that the fence is joint property, and the maintenance of it is also a joint expense.
This makes life deeply annoying because if you replace the fence, you can't make your neighbour contribute to the costs, and you still don't own the fence itself.
Your deeds will show the ownership and responsibility for fences.
The position of the drainpipe is probably the boundary line, but its presence also makes the erecting of a fence awkward.
I bet it is a joint sewer which falls from the end terrace, across the backs of all of the terrace, to the other end of the terrace, which will make the use of sturdy concrete post type fences a risky installation.

Lostin3dspace · 10/03/2018 18:12

Ah, just read the above posts about stepped in fence.
Quite possible then that the fence is on your property, and he hasn't got a fence on his garden, probably for the express reason that joint fence ownership is a right pain, and the only solution is a fence on your land which is your fence.

stayathomegardener · 10/03/2018 18:23

Can you look at a birds eye google map photograph.
I was surprised that they are not up to date, ours is from about 2008 judging by the house build.

Daftapath · 10/03/2018 19:04

Can you ask amy neighbours who overlook your gardens whether the fence has been moved? It won't be 'evidence' but at least you will know that he has changed it and when.

Original poster
lovelilies · 10/03/2018 19:58

I know NDN had the fence erected while the property was empty, before we bought it. The stepped in bit at the bottom of the garden couldn't be completed as there was a manky old shed there which I later took down.

OP posts:
StaplesCorner · 11/03/2018 00:12

erected whilst the property was empty - well, there's your answer then. They've crossed the boundary which would have originally been where the "step" was. Contact their HA in the first instance.

SilverBirchWithout · 11/03/2018 00:44

From your latest post it looks like they have moved the boundary then. To give them the benefit of the doubt they may have had issues with the position of the drain pipes, although my cynical nature things it was a more deliberate act when the property was empty.
Cheeky buggers, the shed position must denote the true position of the boundary!

ChaosTrulyReigns · 11/03/2018 01:20

Awh @lovelilies bless your DS! Love a vivid imagination! Grin

Oldraver · 11/03/2018 11:47

Ah thta puts a different light on it and debunks my theory

You're going to have to get evidence and talk to them then

Ariela · 11/03/2018 12:15

Have you photos from the original particulars of sale?

Greenkit · 11/03/2018 12:29

I think CF NDN has taken the first slither of garden and is now trying to claim the rest.

MaryPoppinsPenguins · 11/03/2018 12:33

What did it say on the documents when you bought the house?

DaisyInTheChain · 11/03/2018 12:34

Cheapest way might be to go through HA to look at deeds and rectify accordingly, as they won't want legal costs. As it's HA your neighbour has few rights really when it comes to claiming land that isn't theirs.

milliemolliemou · 11/03/2018 13:07

Isn't there a legal eagle section to this site in discussions?

Agree to seeing if you can get any old photos/neighbours who remember it as it was. Though it might not be deemed evidence.

Good luck. Good fences make good neighbours ..... but not if you suspect they're stealing land.

BusyBeez99 · 11/03/2018 13:16

You need a chartered land surveyor and access to your deeds. It's my field. But can't do on an Internet forum as would have to be instructed properly

StaplesCorner · 11/03/2018 13:34

From the Royal Institute of Chartered Surveyors' website:

Consumer helplines
RICS offers telephone helplines giving you 30 minutes of free advice on
Boundary disputes
Party walls
etc
Just call 02476 868 555 and you will be put in touch with an RICS member local to you, willing to provide a free 30 minute initial consultation. Lines are open
0830 –1730 (GMT), Monday to Friday.

I've used this service and it was excellent.

IncyWincyGrownUp · 11/03/2018 13:41

It definitely looks as though he’s taken a chunk of the garden while the house was empty.

Call to the HA first thing, don’t engage with the neighbour at all. Let them be the ones to make him return the boundary line.

BusyBeez99 · 11/03/2018 14:53

Staples I expect you spoke to me as usually I am top of the list ! :-)

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