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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

Fence and boundary dispute with neighbours

57 replies

Bubblybeee · 06/09/2023 16:02

Hi ladies need advice. So few years back i spent £15k renovating my garden. The boundary fence between me and neighbours was about to fall apart and already all their trees and bushes were coming into our side. The owner would always rent the house to druggies or bad tenants so when we asked if they would go half to fix fence they said no .

so the builders built a new fence forward into my land and use the boundry fence as a means to protect those neighbours trees falling into my garden. My extra land is still behind this fence .

fast forward now and the owners have decided to move in and build a 5mtrs extension at the back and have removed all the boundary fences claiming my land as there’s and are planning to use my new fence ? I questioned him and said please do not use my fence as yours and to replace the boundary fence as i don’t want land taken .

the guy start screaming at me and shouting its my garden get lost !

my main concern is him not using my fence as his own and extending his garden into my side thats left.

OP posts:
Elfandwellbeing · 06/09/2023 16:06

How long ago did you erect the new boundary ?
Boundary disputes can be hellish and £££££.

I would a solicitor to write to them and their solicitor who conducted the sale of the house because land registry is usually investigated. I am not an expect of any kind, however since they have just moved the legal process must have just taken place to establish legal boundaries.

RoyKentFanclub · 06/09/2023 16:07

So you left an area between your new fence and the existing fence?

Your plans will show it’s yours. They can’t take it. You may well need a solicitors letter to stop them though unless you’re going to keep a close eye and physically remove anything that encroaches.

id take out some of your new fence panels so that you can keep an eye on it. But it was a bizarre move on your part to create an unused fenced off area

TicTacNicNak · 06/09/2023 16:14

Your deeds should show your boundary but you could also get a land surveyor in to confirm the correct boundary line.

LargestSugarSmacks · 06/09/2023 16:17

How big is was the gap between fences? Can you move your fence to next to the boundary line? Any plants over hanging fro
Next door can be trimmed(and offered back) or disposed of by you so that your fence can fit.

Can you place some big plant pots in the mean time to mark your boundary?

Melroses · 06/09/2023 16:17

Solicitor and surveyor asap.

PosterBoy · 06/09/2023 16:18

Do you have legal insurance cover on your home insurance? If so, contact them immediately. If not, contact a solicitor immediately and pay for a letter. You can put your own fence back along the boundary line, they don't have to put one up at all, but they can't build on your land

Freddiefox · 06/09/2023 16:20

Do you have records of the conversation regarding fence? I would start there

Original poster
Bubblybeee · 06/09/2023 16:31

Yes exactly that . its a few inches but we ddnt want to replace the boundry fence and have all his trees falling and damaging the new fence . So the original one although was rotten away it held his side . And the man bought the house same year as us (10 years ago) but kept putting it on rent to really chavy people who broke their front driveway apart and the flags was all over our driveway and have an overgrown tree at the front garden that kept coming on our drive . No consideration at all for us . The owner finally decided to move in last month and has built a large rear extension .

OP posts:
AdobeWanKenobi · 06/09/2023 16:34

I'd seek legal advice, but in the first instance remove your existing fence and re establish the correct boundary.
If the planning application shows the extension built on your land you need to contact the council planners and ask them to come out and inspect as well.

Original poster
Bubblybeee · 06/09/2023 16:36

ladies was i right to approach this neighbour myself and make it clear to him not to use my new fence as his own and build his new garden on my land ( few inches ) .

i just can’t believe the man start screaming at me . And the cheek of this man . So all them trees that was causing problems on my side he ddnt want to pay or allow us to remove few years back hence why we built another fence into our land . .. the man now agreed for us to cut the trees down last month but only if we paid ! It was such a mess i just got rid of it .

and now that man is saying how he will put more trees ! I don’t understand some people .

OP posts:
Original poster
Bubblybeee · 06/09/2023 16:39

Oh and he start screaming at me “ why u causing problems ! Your the only one in this neighbourhood causing me problems and my workers !

ladies his workers have been PARKING on my driveway whilst ive been away , throwing tree leaves from their side back on my shed so they can piss in the corner . And use my new fence to put the materials against it ! I can’t even let the kids go in the garden when those men are there ! They both speak the same language as the owner so no doubt tell him i tell them off when they do this!

OP posts:
Original poster
Bubblybeee · 06/09/2023 16:42

Sorry ladies i meant the extension is on his land but his side paths and garden he plans to go all the way upto my new fences !

OP posts:
OldTinHat · 06/09/2023 16:44

You'll have your deeds to prove your boundary.

And I had a small chuckle to myself with your descriptions of your neighbours...

Original poster
Bubblybeee · 06/09/2023 16:48

My garden is all artificial grass hence why i can’t move the fences to boundry line and the concrete posts have been built on my side . The side path is paving so again means they’ll be gaps of mud . All i said to the owner snd his wife before extension was to not remove the boundry fence or replace it with another fence that keeps my land behind my new fence so if i ever need to use in future it’s there which was verbally agreed And 2nd request to remove those trees that was causing problems on my side which they agreed if i paid ( so sly they only agreed cause they needed it removed for the extension ).

now they have totally done the opposite and taken advantage of everything . My other neighbours are so pleasant and we both share a fence which they offered to pay and although they have trees it is never intruding into my garden and they maintain it well. Never had issues with them .

OP posts:
WiddlinDiddlin · 06/09/2023 17:13

Get your deeds. Write to your neighbour stating that the disputed land IS your land and he is not to place paths etc on it.

If he is taking out the boundary fence, unfortunately he has no obligation to replace it. The most sensible thing you could do would be to have your fence moved, im afraid that whilst you were legally in the right putting your fence where you have, you HAVE opened yourself up to this land-grab attempt as a result.

If he won't heed a well worded letter, then you have no option but to seek legal advice.

LittleBrenda · 06/09/2023 17:18

There was a case in the news like this last year. One couple built a wall on their own land and then another couple took down their own fence and use the wall as a new boundary.

www.dailymail.co.uk/news/article-11298803/Judge-orders-millionaire-London-couple-sued-3ft-land-grab-return-neighbours.html

PosterBoy · 06/09/2023 17:19

Ok so is it that

He has removed the boundary fence - that's okay

He doesn't plan to replace the fence - that's okay

He is going to use your land? That's not okay

He is building on your land? - that's not okay

You could put up a cheap metal line behind your fence to mark the actual boundary line if it's just 1+2

topnoddy · 06/09/2023 17:23

He may well need a party wall agreement if he's going up to the boundary of the two properties

girlfriend44 · 06/09/2023 17:25

What a horrible neighbour. Show him your house deeds.

towriteyoumustlive · 06/09/2023 17:25

I've voted YABU based on the law.

You CHOSE to put up a boundary fence that wasn't on the boundary line. That's fine.

A boundary line can just be a piece of string or nothing. You don't have to have a fence.

Therefore this new neighbour has chosen to take the fence down as yours is no doubt nicer, thus leaving just your fence.

They CANNOT claim the land. It doesn't belong to them. But you cannot make them put their own fence up either.

Your option is to:

  1. Do nothing
  2. Pay to have your fence moved back to the boundary line

If they're building an extension up to the boundary then this might require a party wall agreement solicitor that they have to pay for. They can build up to the boundary but not over it.

If you haven't already done so, invite the neighbour over to discuss their plans over tea and cake.

Do you your deeds clearly show the boundary position?

wutheringkites · 06/09/2023 17:27

PosterBoy · 06/09/2023 17:19

Ok so is it that

He has removed the boundary fence - that's okay

He doesn't plan to replace the fence - that's okay

He is going to use your land? That's not okay

He is building on your land? - that's not okay

You could put up a cheap metal line behind your fence to mark the actual boundary line if it's just 1+2

Yep, this is correct.

He is under no obligation to have a fence so you cannot insist on that but that doesn't mean he can use your land.

You need to reestablish the correct boundary yourself, even if that means putting up a second fence.

RoyKentFanclub · 06/09/2023 17:31

How many inches are we talking?

Because if you can’t even access it because the strip is literally a couple of inches then I’d be inclined to let it go if it’s just going to look like part of their garden. If you’ve not even left yourself space to walk along the strip you won’t even be able to erect a stake and wire fence along the boundary line.

I have no idea why you’d create this problem. You could have just cut back his trees and put your fence closer to the boundary (which sounds like it was his fence in the first place).

wutheringkites · 06/09/2023 17:34

As unreasonable as your neighbour sounds, you do need to take some responsibility for this op. It is on you to maintain your boundary. Putting a fence up inside it is risky, especially with a bad neighbour.

Whyohwhyohwhy123 · 06/09/2023 17:40

If he’s building up to the boundary he’ll need a party wall agreement and you can be really awkward about that if he continues to be really awkward about the boundary.

ButterCrackers · 06/09/2023 17:52

The neighbour will need planning permission surely? You can let the council know about the land grab.

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