Neighbour stealing my garden!

[fencedispute2024]

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?

@fencedispute2024 that looks totally different to the original pic you drew!!! this new one looks like not only is the red bit yours but the bit should run all the way down to the back!!! can you take a screen shot from google maps. might be much easier!

@allthemiddlechildrenoftheworld It’s the same diagram with the houses added on. Just a rubbish scale, art is not my strength! I’m happy with the boundary between the blue and grey bit, it’s quite a common set up on the estate.

I would write a letter to him, marking it "letter before action", mention legal advice, attach the deeds (You mention the land registry, I'm assuming the land is registered and you have a title number? If so there is absolutely no worries about adverse possession, as it simply isn't as easy as taking the land for 10 years to make it yours) Give him 5 working days to remove his fence off your property after which you will take it down yourself.
Alternative: Would you consider selling the piece of land to him?

Thank you. That's really helpful. Yeah he can go fuck himself.

I can't see how anyone would be legally in trouble for removing something someone erected on their land. I've heard this but I don't understand it. Surely if someone just trespassed and built an installation in the middle of your garden you can remove it. Why would it be different on the edge of your garden?

Solicitor.

Presumably he's built the fence where I've drawn the yellow line which is entirely in the middle of your land.

How could it be illegal for you to remove it? If he'd build a fence where I've drawn the red box surely you could remove it. Why would it be any different where the yellow line is. It's completely in your land

@fencedispute2024 the houses make all the difference to the original plan!!

Aside from all of the rest, this bit is absolutely insane:

the court looks more favourably on the party that has tried to avoid going to court.

I'm not doubting you at all, OP, but what an absolutely ridiculous way to go about things. Of course a thief isn't going to want to go to court; whereas his victim will naturally want to do so, if there's no other way of getting their property back!

Would they do the same if, say, somebody shoplifted a load of expensive goods from Tesco - would they look negatively at Tesco for wanting to take it to court, whereas the thief for very obvious reasons doesn't see any need for that?!

@fencedispute2024 There must be an outline map of the land boundaries somewhere maybe with your solicitor or land registry

I reckon him using your land for storing his bins has been a deliberate plot to claim adverse possession.

He either doesn't know or care about the 20-year law; and he's happily ignoring the fact that you have been removing them again - maybe dismissing you for that if you haven't made a huge deal of it.

He very much sounds to me like one of these tiresome bores who assumes that what he wants or reckons is 'common sense'; and therefore that anybody who disagrees with him - especially a woman - must therefore be wrong, being petty, not accepting 'the sensible option' and/or easy to browbeat and simply ignore.

It's amazing how extremely confident some people can be of how right and justified they are, even when coming from a place of clear error and stupidity.

Maybe he's told himself so often that it 'makes much more sense' for the dividing line to be straight and where an outsider may otherwise assume it to be; and he reckons that you don't use/need that piece anyway and you 'already have a big enough plot without it', that he's actually convinced himself that he is somehow entitled to the land.

I could not agree more with PP saying that victims (often women) will be desperate to 'keep the peace', when an aggressor (usually a man) has very plainly massively overstepped to cause the issue in the first place and shown no such similar consideration whatsoever himself.

If you’ve got the title deeds, just get a solicitor to contact them…

Oh I see now, if anything you should be able to straighten the boundary and take his garden. Yeah I mean if the deeds were on your side anyway to begin with, they definitely are from a practical perspective as well, why would they think they can move a boundary so your house would be on their side of the fence. Obviously you know your neighbour better than us, but the first port of call would be to go to them and with assertive kindness ask why they think the land belongs to them? Then stare like a dog looking at a cooked chicken waiting for your answer. Of course if it’s stuttering and an admission that it doesn’t belong to them, then the boundary can be put back. If it’s still an insistence that it does, then you’ll have to take it from there, you don’t want to escalate, and you can say that, but if they give you no choice then that’s the result.

I took the lead on installing a new fence between my dad and his neighbour, I’ve leaned to let others deal with these things in future, no good deed goes unpunished. They accused us of stealing a foot of their land. The fence had been put in exactly the same position as before, with photos to back it up, it was only by de escalating the situation, being friendly and bringing them to our side of the fence that they kindly realised that we hadn’t changed anything, there was a mature tree our side that meant it was impossible to have moved the fence, ie it could have never been a foot over our side in the first place.

So kind and factual conversation with a garden walkabout can work very well, don’t let it fester too long, get over there, I really hope they see sense when confronted with everything OP.

I’d just be taking a sledge hammer to that fence. I wouldn’t bother paying for a solicitor. If he wants to engage a solicitor to argue his side he can do that. But until then I’d just keep demolishing any fence he puts up. Fuck him.

Sorry if mentioned before.

Old google earth aerial views of the houses might be useful if they show more clearly that that bit of land was always yours. I've C&P'd how to access them below.

To view old Google Earth views, you can use the historical imagery feature:
1 Open Google Earth
2 Search for a place
3 Click Historical imagery in the toolbar
4 Select how you want to view the map
5 Click the timeline in the top right to explore the map over time
6 To find a specific time, click the year you want to view in the timeline
7 To lock the latest imagery, click Last page

Meant to add that I know you have cast iron proof the land is your but that a photo might be more effective at getting your neighbour to understand that it is yours.

Do you think he genuinely thinks it's his or do you think it's yours but that he can bully you into taking it from you.

But the red bit is right in front of her house. Of course it’s hers.

And thereby get a record for criminal damage. That’ll look great if OP has to go to court.

OP is allowed to remove something that has been illegally left on her land.

Exactly. It’s not a boundary dispute of a few inches. It’s in the middle of her front garden, directly infront of her house.

I agree with Pp - write to him enclosing copy of title deeds, saying you don’t want to litigate but will formalise your complaint if he doesn’t remove fence within X days. After that you will remove fence yourself and instruct lawyers…

He is counting on you not wanting to fall out.

Don't be silly.
Fall out with him.
He is trying to steal your land.

Get a video bell up asap so you can record everything.

Do as advised, contact a solicitor to inform him and then remove the fence if he doesn't.

Have a copy by the door and contact 101 if necessary, at any aggression on his part.

Get that video doorbell up asap.

Some plots do just have odd quirks in them like this one.
Get the situation legally checked and send a solicitors if needed to get resolved.
Neighbour is being cheeky!

As you've already shown him proof the land is your (pretty obviously as it's touching the front of your house!) I'd remove the fence myself, I wouldn't put up with this bullying and I definitely wouldn't want someone's stinking bins right next to my sitting room window!

Do it again and again and again forever if necessary

Oh wow the newer diagram makes a lot more sense, the garden has clearly been divided that way so you have garden that extends all the way across the front of your house.

He's being a greedy fucker.

Take the fence out, pop it back onto his garden, put your own boundary fence up.

He's not your friend, he clearly has no regard for your neighbourly relationship. Show him the deeds again, both his and yours, and tell him you've spoken to your solicitor and if he does it again you will be taking him to court.

It's just occurred to me - he's highly unlikely to succeed, but I wonder if he might be intending to put his house on the market and is hoping to mislead potential buyers into believing that the piece of land is part of his house, to increase its value and/or desirability, long enough until he manages to exchange.

This is also reminding me of the old saga of Twittlebee Woods - some people really are just that nasty and shameless.