Horrendous boundary dispute with new neighbour

[hooliodancer]

We have lived in our house for 16 years. It is detached, and in the back garden there is fencing all around the perimeter. It is a tiny garden, 10 feet wide by 20 long. The fence is the same fence that was there when we moved in. The house was built in 1888.

In the 1930's the owners of our house sold a part of their garden- crucially there is no record of what part-time to the next door neighbours, who built a side extension right up to the boundary, so the physical boundary of half our garden is next doors side wall. The fence is attached to the neighbours back wall, but 8 inches in. So the rest of our garden, the boundary feature of which is a fence, is actually 8 inches wider than the bit which is next to the wall.

New neighbours want to extend right up to the boundary the whole length of their garden. They are claiming that our fence is in the wrong place and want to build on this 8 inch strip of land.

Our position is that as we have used this 8 inch strip for 16 years it is ours. I don't think we can use adverse possession, as we have no proof whose land this is. We don't know if the land sold many years ago was just the land the extension stands upon, or if they sold the whole length up to the back boundary. Although the feature of the extension from the back, i.e. Windows, suggest that this land was owned by the neighbour.

The title deeds show a straight line, however the scale would mean an 8 inch strip would not show up anyway. An architect told us that it is impossible to tell if the extension was built 8 inches too wide over the boundary, or whether the fence was put in the wrong position. He said it is what is physically there that matters now.

Our new neighbour will not accept this, and wants us to give this 8 inch strip back. If we had a huge garden of course I probably would do it for an easy life. But if he builds a wall up to what he thinks is his boundary our garden will be a corridor. We won't be able to have any plants on that side at all, it will look dreadful. All the plants would have to be dug up, as well as some railway sleeper steps. So we are sticking to our guns as the law SEEMS to be on our side.

We have legal cover on our house insurance, but have heard nightmare stories of this not being paid out.

This is causing so much stress, my partner and I are arguing constantly. I want to take it all the way if I can be sure of winning. He wants to compromise and give him half - which I don't think the neighbour would accept anyway.

I don't want to ruin the garden I have spent 16 years creating. I would love a bit of advice on this. Thanks.

But their foundations must also be completely on their land, and you normally don't build right to the edge of the concrete foundation slab, so you should get the actual wall a few inches away from your boundary.

The PWA gives the developing neighbour the right to place some of the foundations under the other property.

An update!

Yes, the foot will cost him dear. He says he doesn't care, he thinks it will be about7-10k. He has now submitted the plans to the council. The plans show the boundary where he thinks it is, not where it is in reality. Despite my quoting the law at him, getting a statement from our predessessors saying that was where the boundary was when they bought the house 20 years ago he still says 'I will not accept that is the boundary'.

Our concern is that he is just going to build his wall where he wants and he thinks he will get away with it. We tried speaking to the planning department but they said they cannot deal with the issue of where the boundary is. They will permit him to build on land that isn't his, it's up to us to stop him they said.

He is so stubborn, he is the type who would bancrupt himself trying to prove it's his land. He even said 'well I think the law is wrong'.

So. I don't know what to do next.

If he gets PP you'll have to seek his undertaking not to build beyond the boundary (i.e. where you say it is). If he refuses, you need to apply to court for an injunction preventing development beyond the boundary, and a declaration stating precisely where that boundary is.

That's what you'd need to do next.

And don't forget that no part of his new build and extend beyond the boundary (save for the foundations). That includes the gutter. He must also ensure that the roof doesn't drain on to your side of the boundary, as that would constitute a nuisance.

Do you have any legal cover with your house insurance so you could get some advice on this boundary issue?

And have you got a party wall surveyor involved yet to get specific advice?

This sounds like a nightmare - and why should you have to spend time and energy due to this man. But nonetheless you need to get the best advice possible and ensure it is followed.

Another thought - could you start a design project of your own in the garden (start building a pond?) that would mean his builders can't actually get access?

Thanks for the advice, that is so helpful about the injunction.

We have legal cover, but they seem reluctant to do anything until he actually builds beyond the boundary. I think I will ask for them to send a solicitors letter tomorrow. They have been helpful, but more on points of law rather than what to practically do!

One of the massive irritants has been the time and the stress he has caused, when it is very clear where the boundary is and how long it's been there.

I have spoken to a party wall surveyor but we haven't been served the notice yet, so can't appoint him at the moment.

If the wall of the extension runs along this newly claimed boundary, then the eaves and guttering of the extension will be overhanging your boundary and therefore on your property. Your neighbour needs your permission to do this, regardless of any planning permission or the party wall act. They can't just go ahead and do it. Send them a strongly worded letter drawn up by a solicitor. This may stop them. They are trying to bully you.

Yes, we have discussed this with him. He says he is not having traditional guttering. We have asked the council about this also- whichever boundary he is planning to build along, the gutters would still be on our land. The boundary he thinks is his isn't his though, I am 100% certain of that. The issue is getting him to accept this without us spending any money.

I am going to get solicitors to write to him, hopefully using our cover, and threatening an injunction.

He is a bully. He has alienated the other neighbours too, who hate him almost as much as we do. Although he is not trying to build on their land!

It sounds like it will be worth spending a bit of money (annoying though it is) in order to forcefully put your case re both the actual boundary and other issues like gutters.

Suggest you really push your home insurance co first though. No point trying to deal with this after he's built onto your land. You need their urgent and proactive support to stop that happening.

If you have the possibility of legal cover provided via your insurance be wary about using your "own" solicitor. It is possible that carrying out some steps "outside" that cover could remove your entitlement to the legal cover.

Hooliodancer, I just read through your post whilst looking through Mumsnet as I have a similar issue - my neighbour put feather edge fencing up, and made a point of going over onto my house, and to make it worse, he used concrete posts with the thick concrete bit at the bottom that the fence slots into, and the oneon my boundary is the LARGEST one. Can I ask, did you ever resolve this? Please tell me what happened in the end? I hope to God you gave the bastard what for, and he didn't succeed with his narcissistic bullying attitude! Really pissed me off reading your story, and seeing so many similar stories on here, showing that this is a common occurrence where one side uses their narcissism/ego, to lord over the other. Bunch of twats.

but as lots of other people have said, he can't build a party wall without your consent.

Solly is that message for me?