Boundary issue - with diagram

[Removemyshed]

I had posted this elsewhere but it was suggested I post here too.

I was going to take away an old shed in my garden. It’s totally rotten and I want to put a table and patio there. I went to tell the neighbour as she has a small dog and the fence won’t be immediately in place. She immediately went marching down the garden demanding to know where I planned to put the fence.

I said i’d just continue the line of the existing fence (as that’s clearly the boundary). She then said no you’re wrong the shed is the boundary and I’d better build it in the same spot. In essence with a weird kink in my new fence.

I have now been bombarded with threatening emails - she’s taken legal advice, she’ll sue me for trespass, she’ll remove anything constructed illegally on what is her garden, it’ll be criminal damage of her plants.

I see what she means that the side of my shed has been the extent of her garden as she sees it. I’ve no idea when the original fence was removed, but the gap (‘wire’ on drawing) has been plugged with a small wire fence that is nailed to the shed and my fence. No idea who did that, but I assume it was to save cost at some point. The gap is created by the guttering and roof overhang of the shed.

Now I’m not really worried, we are talking 20cm, but the kink will look odd and it’ll be more difficult to build - I was going to replace the whole fence.

I’ve looked at the deeds and the line is straight so I think I’m correct in thinking the boundary is (or at least was) straight. Surely you couldn’t build a shed partly in someone’s else’s garden anyway, even if it is just the edge of the roof?

However she’s rather unnerved me. Would I be breaking the law by building on the boundary? If she wasn’t so bloody rude and aggressive I’d be more inclined to take her views onboard, but I’m feeling now that she’s trying to bully me into doing what she wants.

For completeness she has plants growing against our shed.

She’s lived there for 8 years.

The shed must be 40 years old and the fence similar.

Boundary on other gardens are not clear as hedges have been planted.

I don’t want to anything illegal, but at the same time why should I just give her some of my very small garden.

Where should I build the fence?

Apologies for the saga, planning to do this once lockdown is over and stewing on it now.

Didn’t you post this the other day?

@TheReluctantCountess Yes, the OP has said she did I her first line!

Yes, but someone suggested I came here too - I do know duplicate threads are frowned upon!

I would presume you'd have the right to build a straight fence and claim that 20cm!

The wire seems to be someone's very personal assumption of what's theirs and what's the neighbours. I've never seen a fence that is straight for half the garden then tucks in and goes back straight - you know if you was to build it exactly where your shed is.

Also I can't imaging anybody building a shed and being cheeky enough to put part of the roof overlapping next doors garden.

She's just bitter that the space she was once allowed to have is going back to its rightful owners?

I think she took advantage at some point when the house wasn't vacant to claim that small part.

Good luck.

Sorry there was no legal advice there 😅

To claim adverse possession someone will have to show that they occupied that part of the property, inter alia, "without secrecy" for a period of 12 years prior to 2002, or they will have to go through the Land Registry procedure described here: www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

It is therefore quite hard for someone to claim adverse possession these days. If I were you I'd get a trusted fencer to come in one day and replace that section of fence with something very sturdy.