Neighbourhood boundary dispute

[Julesnflo29]

Sorry - this is long... I moved into my home last year (privately owned) and the garden was very overgrown. I had a lot of trees and bushes cut down and could then see the fence line between my neighbours and my house. This fence has since blown down at one end of the garden and needs replacing (about 8 panels). According to the deeds it is my responsibility to maintain. Al the other end of my garden my neighbours have large shrubs/trees that are actually in my garden, including the roots. They state that one of the previous residents in my house couldn't dig into the correct boundary line so gave them a bit of my garden. The boundary line runs correctly in a straight row for approx 4 panels and then the last 4 sort of curve around their plants and just end about a 1/3 of the way across a panel at the end of the garden. So it just flaps around not joining the correct concrete post. They originally told me my fence should end midway along an end panel. They then said I needed to be reasonable and let them keep my part of the garden. So they were lying to me originally to try and keep that part of the garden. According to the deeds when my house was built theirs didn't exist so the post at the end has to be mine. My neighbours are very unreasonable and want to keep my part of the garden as well as me pay all the fence maintenance costs (I'm a lone parent). I am happy to pay to replace it but I want to claim my correct boundary line back. It is a matter of a couple of feet wide by 4 panels long so I'm not talking inches. Any advice?!

Well Id chop the shrubs down and put a fence up. I suspect more sensible advice would involve solicitors and letters and lots of money.

Have you tried the gardenlaw website? Very useful for these types of issues...

I second asking on the GardenLaw website.

Did they happen to mention how long ago the previous resident allegedly 'gave them permission' to have some of the garden. How old is the fence (or how old does it look)

Do you have any photos of the house from previous years. Aerial photos can be very useful?

Do you have legal insurance?

How detailed are your deeds? Do you have any measurement on the plans. If you have the original planning or builders plans then they may have measurements.

I'd see what the GardenLaw people say but I would write to him saying that you are putting the new fence on the boundary and I'd give him a period of time to reclaim his plants. I can't see that there is any point getting into discussions with him.

I would phrase any letter as simply as possible. Maybe you could include a plan

Dear Nieghbour, just to let you know we are erecting a new fence along our boundary on XX date. I understand you have some plants in our garden. If you want them can you please can you remove them by the xx

I'd make it a very sturdy fence and as high as possible possibly electrified too

Take lots and lots of photos from every angle before and after erecting the fence.

Btw - I'm not a lawyer or anything similar.

I've just had a proper look through the deeds and in actual fact it's a joint responsibility to maintain so not only am I saying I'll pay for it they also want my bit of the garden lol!!
They are nasty bullies and think because they've been here 30 years I need to do what they say.
It looks quite old but not sure on age - probably 10 years ish?
I do have home legal insurance so I'll look into that on Monday.
Thanks for your advice.
Off to google 'electric fences'

be careful if (20 years i belive have elapsed then the land becomes the neigbours) if the neigbourr can prove that arragnement will actully trump what your deeds say but the emphasis will be on the neigbour proving this.

I would get legal repersentation asap because if the alloted time has passed and you do remove said plants and errect the fence YOU will have to pay to restore it to the orginal condition etc (mature plants / trees are VERY expesive) Plus the cost of removing the new fence etc and you would not be able to just replace with any old cheap plant / tree or fence.

ok your update reiterates the need for legal advice as if they have been there for 30 years the time frame might of happened and your bit of the garden legally maybe the neigbours sadly

And as you have legal insurance cover you should be able to claim back the costs from your insurer.

(Sorry about bad spelling on phone without spell checker and I am dyslexic)

When did the owners who are supposed to have made the agreement move in?

Chop the trees down and out a fence up. What are they going to do about it?

Methe did you just read my post if the OP does that and in fact the arragnement is real and can be proven the OP will have a massive bill on her hands as well as possiblely paying compinsation to the neigbour.....

the best advice is get legal advice before you do anything destructive and it would be better if people that do not know the laws comment saying chop down / destory property that may actully legally belong to the neigbour which would open a massive can of unpleasetness for the OP

Adverse possession kicks in after 10 or 12 years

To be honest I very much doubt anything was officially agreed. They are very cheeky and a very old lady lived here before me so I think they just took the pee.
I've looked into the adverse possession law and it looks like after 12 years they need to apply to the land registry and then the person living in this house would need to agree their application. If this was the case they most certainly would have told me.

surely if it was agreed with the previous owners of your house it would have been mentioned in the sale and documented on official/legal paperwork?

i'd get all the necessary paperwork together, get legal advice to cover your back and then call them on their bullying bullshit