Page 2 | Neighbour stealing my garden!

fencedispute2024 · 2024-12-01T21:31:13+00:00

See obligatory diagram. i can home today to find that my neighbour has put a new fence up and taken part of my garden. The blue area is my garden, grey is neighbours and the red part has now been fenced off. the area is definitely mine. I’ve even shown a copy of the plans from when the house was built to the neighbour and his response was “anyone could have drawn that”. It’s a document that is signed and stamped FGS. neighbour moved in 8 years ago so doesn’t have an adverse possession claim. There was previously a hedge there which was removed before neighbour moved in. 2/3 of the garden is a fence. Neighbour has extended that fence in a straight line rather than the boundary. We both own in case relevant. where do I go from here?

Mummyoflittledragon · 02/12/2024 01:21

Snozzlemaid · 01/12/2024 22:55

I would print off copies of both of your deeds and write an official dated letter stating the land is yours as on the deeds.
Post both letter and deeds through their letter box.
Give them a set time frame to remove the fence and return the land to you, 28 days maybe. Advise if they don't do this within this time you will be instructing a solicitor to start legal proceedings against them.

If you have legal cover with your house insurance, you can call them for advice. This is the procedure they advised I do with an issue we had with a neighbour.

This is what I would do. Solicitors can be very costly and any legal proceedings can end up costing you both more than the value of the land. Hopefully this can be resolved before it escalates further.

loropianalover · 02/12/2024 01:24

fencedispute2024 · 02/12/2024 00:04

That’s very tempting but I’d like to try and maintain some kind of relationship!

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He’s severed the relationship by taking a portion of your land knowing it’s not his to take. Send a solicitors letter telling him to remove the fence by X date.

Ohthatsabitshit · 02/12/2024 01:26

Just remove the fence. Stack it on his drive and ignore any wingeing.

Marchitectmummy · 02/12/2024 01:47

Is this the UK, and is your neighbour from the UK?

If so he will know what land registry is, tell him to go on there and search for himself. Then he won't be able to dispute the truth of the plan.

I would avoid solicitors until its the last resort, but do put it all in writing ideally get an email address and do it thar way.

ApolloandDaphne · 02/12/2024 02:13

Do you need/want that bit of garden? If not I would find out how much the land is worth and offer to sell it to him. Obviously he would have to accept it's not his first though.

BruFord · 02/12/2024 02:37

The fact that he didn’t notify you that he was planning to put up the new fence suggests that he knows full well that he’s encroached on your property. I’d never install a new fence without letting my neighbors know my intentions (we’re in a terrace so have neighbors on either side).

I’d follow @Snozzlemaid ’s advice first and then escalate to a solicitor if necessary. He sounds like a cheeky sod.

Annony331 · 02/12/2024 02:46

You may find the last house sale details still online. It may have some info or images that could be helpful.
Same for your house sale. What info did it contain and what images. It should stipulate who is responsible for what fences somewhere in your paperwork.

You may wish to look at some Google maps or older maps for images or previous building or sheds.

You may wish to look at any satellite images for other neighbour houses with a similar lay out for patterns.

You may have taken photos when the hedge was in place or in the background?

uptheculdesac · 02/12/2024 14:22

I'm always amazed how it is on the 'victim' to try to maintain relations. Seriously he has been a dick and doesn't give two hoots about your relations

BlitheSpirits · 02/12/2024 15:46

I think he is a CF and he is going to claim adverse posession. He may try to argue that he and the previous occupiers of his house, have between them had unfettered use of the patch for 10 years. What your title deeds say will be largely irrelevant
I know solicitors are not cheap but you do need legal advice as soon as possible

JudgeJ · 02/12/2024 15:50

WatchOutForBabyHaggis · 01/12/2024 23:04

Am I the only one who'd just wait until they were out and then remove the bit of fence that was on my land? 🤔😂

I'd be removing it too.

uptheculdesac · 03/12/2024 20:21

BlitheSpirits · 02/12/2024 15:46

I think he is a CF and he is going to claim adverse posession. He may try to argue that he and the previous occupiers of his house, have between them had unfettered use of the patch for 10 years. What your title deeds say will be largely irrelevant
I know solicitors are not cheap but you do need legal advice as soon as possible

He can't claim as he's only been there 8 years and he has no evidence of it being used

HellofromJohnCraven · 03/12/2024 20:38

If you have legal cover on your household policy, call them for advice.
They can arrange for a solicitors letter to be sent to him

Arlanymor · 03/12/2024 20:42

ApolloandDaphne · 02/12/2024 02:13

Do you need/want that bit of garden? If not I would find out how much the land is worth and offer to sell it to him. Obviously he would have to accept it's not his first though.

This is what I would do - it's weird to have that little bit extra as part of your land, do you use it for anything? I would get a solicitor to write me a letter stating that it is unequivocally yours as proven by land registry documents, but that you would be willing to sell to him for £X.

CrotchetyQuaver · 03/12/2024 20:46

Solicitors straight away either direct yourselves or through legal cover on your house insurance if you have it.
Do not mess about
Do not remove his new fence, you could be done for criminal damage.
These things can drag on for years unfortunately

Melroses · 03/12/2024 20:58

If it is in front of your house, has he cut off your access for maintenance?

Rosscameasdoody · 04/12/2024 10:31

BlitheSpirits · 02/12/2024 15:46

I think he is a CF and he is going to claim adverse posession. He may try to argue that he and the previous occupiers of his house, have between them had unfettered use of the patch for 10 years. What your title deeds say will be largely irrelevant
I know solicitors are not cheap but you do need legal advice as soon as possible

Adverse possession can’t be split between home owners. He can’t just fence it off an claim it as his own after 8 years. And for adverse possession you have to prove you have been using the land. Title deeds are never irrelevant, it’s precisely for matters like these that they are needed.

dudsville · 04/12/2024 10:41

Clearly someone at some point bought or bartered for that, presumably bin-sized, patch. And I think it's more of a "patch" than "land". I would go in with him and get the paperwork changed so that these spaces make more sense, but allow him to pay for that and buy you a coffee. If you don't, then you're going to spend the rest of your lives tussling over who gets to use something that's only bin-sized. That's not worth the hassle.

uptheculdesac · 04/12/2024 20:03

I can't really understand where the houses are or how that bit is in front of your house if the driveway is at the bottom of the pic. Can you draw a more detailed picture?

cookiebee · 04/12/2024 20:40

It’s not unheard of for the unusual division of land like this, but it does seem odd that it’s part of your garden and not theirs, especially at the front, but it’s difficult to picture from your diagram, obviously I understand if you can’t, but would it be possible to see a photo of it so we can see it as it is. In a way if I understand how it might look, it might make more sense to sell it or sign it over to your neighbours, but definitely get why you wouldn’t want that, I have my own experience of minor boundary upsets, nothing that escalated, but it could have done, in fact my dads garden could one day have a similar problem, so I get why you would want to stand your ground.

BurntBroccoli · 04/12/2024 20:53

fencedispute2024 · 01/12/2024 21:35

I’ve got the title deeds for my house. That’s what I showed to neighbour and he said anyone could have drawn them!

You need to get Official Copies of the Title Plan and Register. These can be used in a courtroom if needs be.

BurntBroccoli · 04/12/2024 20:58

cookiebee · 04/12/2024 20:40

It’s not unheard of for the unusual division of land like this, but it does seem odd that it’s part of your garden and not theirs, especially at the front, but it’s difficult to picture from your diagram, obviously I understand if you can’t, but would it be possible to see a photo of it so we can see it as it is. In a way if I understand how it might look, it might make more sense to sell it or sign it over to your neighbours, but definitely get why you wouldn’t want that, I have my own experience of minor boundary upsets, nothing that escalated, but it could have done, in fact my dads garden could one day have a similar problem, so I get why you would want to stand your ground.

Yes a diagram would be helpful of the house/ garden layout.

Nogaxeh · 04/12/2024 21:08

Any developments @fencedispute2024 ?

Original poster

fencedispute2024 · 04/12/2024 23:02

Here’s an updated diagram, obviously not to scale. Imagine you’re standing in the road looking at the houses.

@Melroses the fence is a few inches away from my downstairs window so no problems for cleaning etc. there would be an issue if I wanted to get the house repointed as I wouldn’t be able to access that part of brickwork.

i don’t really have an update. I took legal advice and they said that it’s best to try to resolve it amicably first as if it gets to court costs can be awarded and the court looks more favourably on the party that has tried to avoid going to court.

OP posts:

Original poster

fencedispute2024 · 04/12/2024 23:03

With diagram

OP posts:

jeaux90 · 04/12/2024 23:11

FGS OP show him his deeds and yours, give him 48 hours to remove the fence. If he doesn't, you take it down. IT IS YOUR LAND.