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?

Just go and remove the fence. Stop being a push over.

Excellent diagram, your house looks really happy on that rendition 😆
But to be more serious, you are allowed to remove the fence on your property and return it to the owner without damaging it. If you damage it you could be liable for that damage, and if you smashed it up with a sledgehammer that would be criminal damage.
Think of it like if you accidentally parked on someone's property, thinking you had permission, you wouldn't expect it to be damaged when you returned.

Also regarding adverse possession, that would only start from when they fence it off, not simply by leaving their bins on it. But assuming your title is registered with the land registry then any claim would fail regardless. But still, get their fence off your land asap.

Why are trying to appease someone who has been trying to "steal" your land for 8 years?
They are the ones causing the problem, not you.

Oh apologies, I was looking at it as if it was at the bottom of the garden. That makes more sense then.

I would go with this. Move his fence and put your own in. Plus order Official Copies of your register and plan. Send this to neighbour via Recorded signed for as evidence.

He is a cheeky fucker the way he went about it.

So is the red bit right outside your window? Maybe that’s why it’s an odd random bit added on to your garden, so that someone else generally won’t stand/garden there right outside your window?

If that’s not the case, then why is your official garden such a random shape? Do you really want that little patch? I CBA to fight about a tiny bit like that, probably would be if it was right outside my window.

It looks to me as if the Ops house was built first and the neighbours was a later addition - hence the awkward driveway.

In this sort of situation I don't think holding out for a friendly relationship helps. He clearly doesn't feel the same way or he would have tried to reach an agreement with you before putting the fence up.

@Potentiallyplausible actually, I'm not dumb after all, there was a second diagram that came way after my comment that showed the houses. My comment was after the first diagram that just looked like it was at the bottom of the garden, so I think my observation at the time was fair enough really!!

I must admit, I’m lost 🤣

If he has put things on your property tell him if he doesn't remove it, you will. Then remove it, pile it on his property with a copy of the deeds to his house showing his boundary taped to it and erect your own fence.

Whatever happened at the end of that?
Was that thd thread where a woman went back to a family house/plot/wooded area and found that it was being used?
I wondered what ended up happening in the end? Thanks

This.

He's not your friend! Seriously remove the fence and put something he won't be able to move there whilst you get your own up. A car, a skip... I don't know! Anyway, fence needs to go and get a solicitor.

let it go, life is too short

I think she may well still be on here, but most probably with a different username.

As I recall, whilst in the middle of the foul bullying neighbours seeking to grab her land, she underwent some tragic personal circumstances that naturally pushed the land-theft from being uppermost in her mind.

I don't know if it was ever resolved; but I really hope that she's OK and in a much better place mentally now.

Do you regularly just give away valuable things you own?

Yes, I agree: that's exactly what he's counting on OP thinking, to enable him to get away with and benefit from his outrageous behaviour.

Go straight to a solicitor as others have said.

But would you want someone else's bins outside your front window?

OP can legally remove fence (and anything else) from her land, but it'd be unwise to do it with a sledgehammer - you'd be much better to remove it or have it removed gently and put the fence back on his land, so you've not damaged his belongings, but you've protected your land.

The alternative is to send a letter before action, as someone else has said, and make it clear that the land is yours and he needs to have removed his belongings from it by XX date. I'd give him 14 days.

The courts will look favourably on you for attempting to resolve it before it gets to them, but that's exactly what the LBA is for, it's the pre-court process. Google for a template, so you get the correct verbiage and warning to put at the bottom.

Solicitor ASAP.

Would you give away part of your garden ?

It's clear the boundary is as it is so that the smaller house (neighbour) can have two parking spaces but not have their boundary extending out in front of the OP's property/ sightline.

From your posts OP, can we take it that has always been the case since the properties were built forty years ago? If so there should be a clear trail. If not, it must have been transferred to the neighbour at some point, and that should also be clearly demonstrable.

You unfortunately have landed a CF neighbour here, OP. Don't get mad, get even straight. Good luck.

Both properties were built at the same time. And the boundary has been in the same place since the properties were built.

Remove the fence as pp have suggested. You still may have to go down the legal route 😬