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Boundary Dispute - Very Upset Elderly Couple

80 replies

CogitoErgoSometimes · 17/05/2012 14:01

My DM and DF (mid seventies) live on a pleasant eighties-build housing estate with open-plan fronts i.e. no fences. They've lived there since new and have had various neighbours in that time - no problem. They are passionate about their beautiful garden and tend it daily, including a narrow strip of ground, about 60' long by 10' wide that divides the two front driveways. The last five years or so, the latest neighbours on one side (a much younger couple) have been claiming that this ground is half theirs My parents disagree and, looking at the plans attached to their title deeds, have a point.

Despite various interventions, the problem rumbles on unresolved. The neighbour refuses to accept the title deeds as being definitive and has been claiming his turf quite aggressively, digging up plants, spraying weedkiller on others, throwing any temporary border markers out. My DM, not bothered by a bit of confrontation, has been holding her own so far, possibly aggravating the situation as a result. It finally came to a head when the neighbour smashed some decorative pots outside DM's front door, the police were called and now DM and DF are being asked to go to mediation with the neighbour.

Both are very upset. My DM loves her home of 30 years but is now saying she wants to move house. My DF (a Parkinsons sufferer and registered disabled) is so anxious he doesn't want to sit out in the garden in case he sees the neighbour. They 'don't want to bother me' with their problems but I am.

Thank you for reading so far and does anyone have experience of this? The open-plan aspect means a fence can't be erected even if everyone agreed where it would go. The title deeds plan is good but doesn't include specific measurements that might settle the argument once and for all. Is mediation the best way forward when it's two pensioners up against an aggressive younger couple - or is it too unequal? Should I be telling them to get a solicitor and leave it to them? Thanks

OP posts:
mistlethrush · 18/05/2012 09:32

Coj - I would be comparing the title deeds of the neighbour's property along side that of your parents. If the house insurance has legal coverage check the small print but if its OK, go straight to solicitor - this bully isn't going to accept anything through mediation.

starlingsintheslipstream · 18/05/2012 09:50

Land Registry plans work to a general boundaries principle so you would not be able to determine where the precise legal boundary lies from their plans. And they would be unlikely to grant adverse possession since the land is open and unfenced and the occupation of it is being challenged by the neighbour.

It sounds a nightmare. Agree with the others that mediation is the first step but then again the neighbour is so unreasonable I'm not sure you can mediate with a person like that.

Pendeen · 18/05/2012 11:39

Cogito - oh sorry didn't spot that 10 inches comment but the principle is still the same...

A 10 ft wide strip of land (say @ 3 metres) will be represented on a 1:1250 scale plan as 0.1 inch (2.4mm) wide so one would have to try to draw the actual boundary in the middle of that!

OrmIrian · 18/05/2012 11:43

I'd be concerned about what the neighbour wants the land for? Does he want to expand his driveway or something. He sounds utterly dreadful.

Good luck with it.

Lizcat · 18/05/2012 17:33

I also would suggest mediation with a solicitor to represent you. Have been through obtaining a relatively straightforward adverse possession order I can tell you that even relatively straightforward ones take a lot of legal hours. Ours took 36 hours which at £140 per hour plus VAT is breath taking.

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