Boundary on a river / stream

[chalkyree]

Friend has a stream at the end of the garden. Boundary is on the line of the stream, so their understanding is that means down the middle i.e. neighbour owns bank on their side & friend owns bank of her side.

Friend has no fence between garden & river, neighbours have a fence on their side. It's been like this for years.

The neighbour has a gate in the fence, all fine as he can access his side of the stream, the problem is he keeps coming through and crossing the stream and cutting my friends plants bank (which aren't overhanging the stream and don't need cutting back) and throwing the debris in my friends garden. He's also physically taken rocks (large decorative ones bought from a garden centre) from my friends riverbank because 'he didn't want them there'. When he's told not to trespass onto the other side of the stream he goes completely nuts, shouting and screaming that he's doing her a favour etc. Horrible man, very aggressive and doesn't listen when he's told he can do what he likes his side, but not to cross the stream.

It's really not great as he is essentially opening a gate onto my friends garden - it's not a big fancy house, just a normal 3 bed property with the stream 20 metres from the house. I'm a bit concerned for her security and also that he seems unreasonable to say the least so I wouldn't trust him to do further damage.

Is there anything my friend can do, or does she just have to put up with this idiot and his actions?!

Depends how stroppy she wants to get. If he is cutting your friends plants she potentially has a claim for damages. She also potentially has a claim relating to him moving the rocks. However, she needs to be aware that it could get messy and any dispute may need to be declared when she sells the house.

Thanks, yes I think he's adopting the bullying tactics as he knows that my friend has to take it or go the legal route, which as you say could get very messy and have implications if she wants to sell.

I'm not quite sure what he thinks he'll get out of it - you can't see the river from any part of his property unless you go through the gate! My only guess is that he wants my friend to feel so intimidated she puts a fence up on her side & he then takes his down, but she's assured me that isn't going to happen!

This is covered under Riparian Law. Both your friend and their neighbour are indeed responsible for the river bank on their side of the land. However, the boundary dividing line is actually in the centre of the stream. The neighbour has no right to trespass on your friends riverbank or to undertake 'maintenance'.

It might be a good idea for your friend to tell their neighbour the stream, banks and ownership are covered by Riparian Law, and if they persist in trespassing and undertaking work without permission on their land, they will have no alternative but to pass the matter to their solicitor. A warning letter from their solicitor to clarify this may be enough of a warning shot to stop him.

Good luck!

Meant to say, if you Google 'Riparian Law ' you will find a lot of information on the subject. Checking the deeds on the house may also show the boundary, and will reinforce your friends argument when she tells her neighbour to keep off her property!

Thank you - I'll look into that. She's got a copy of the title plans and it clearly shows the stream as the boundary, I'm tempted to go online & order a copy of the neighbours title plan just to make sure that's correct!

Good plan. Costs about £3 to do that. If the line is down the middle he should not be coming on to her half. Pity her large stones did not have large spikes on them to deter him from moving them. She could also concrete some of them down as he sounds like the sort of person who would throw a letter away.

Yes, the stones disappeared! When she asked where they were he really lost the plot, coming very close to her pointing in her face and screaming. Bloody lunatic if you ask me

From his behaviour alone I'd say you need to send him a solicitor's letter. He sounds aggressive.

I recommend sending a letter from your solicitor to them. This behaviour is aggravating and inappropriate. Check the deeds to the property to see where the boundary line starts. Definitely order a additional copy of the plans just in case. Also Google Riparian Law for more information. Your friend might also have a legitimate claim to make.