Neighbour Boundary Dispute - Lawyer Advice

[JediKnightingale]

We have a dispute with our NDN. Both detached houses and the land registry shows a normal boundary around each house. However CF NDN has built himself a storage area that encroaches on our land blocking access to the side of our house and part of the house wall.

He won’t engage about moving it so I need to get tough. I’ve written a firm but fair letter in the hope it can be resolved amicably but before I send it I’d like the letter looked at by a professional.

Are there property lawyers that would do this with a view to engaging their full services if he won’t play ball?

I wondered how the best way to proceed was really - would I need a lawyer, surveyor or planning officer to look over what I have written?

Any help or advice appreciated.

Any of those will do it , but clearly it will be a paid for service

your language isn’t clear on here. What do you mean encroaches on. Is it within your boundary or not. It’s that simple.

Sorry also and if it is not in your boundary, does it meet permitted development planning rights.

Diagram? (It's the Mumsnet law)

Yes it’s in our boundary.

I do expect to pay for someone to look over my letter just wasn’t sure which option would be best.

Check your house insurance policy, it might offer a legal advice service.

The obligatory diagram!

Good diagram! What a CF.

There's a website called Garden Law, I suggest you ask for help there. They are very knowledgeable, and helpful.

Thank you! I’ve posted there!

Thats literally on your property so you can move it. i would shift it back over to CF's garden and then put a proper fence in place on the boundary line.

If you're sure that's the correct boundary line, then just take it down on the weekend if you can. At least start dismantling and place the bits over onto his side. To be petty I would then put a joke invoice through his door for the labour 😂

Do you have the land registry images of both addresses? I think they cost about £3 each. To to be absolutely sure.

What a CF!

Did he actually demolish that bit of fence to put his storage in?

How long have the fences been in the incorrect position? In particular what I assume is his fence at the front of the property and then goes part way down the boundary before reaching the piece of fence that cuts across to meet your house wall?

If for a while he may have obtained adverse possession https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

@JediKnightingale Before you do anything, understand this, you are reasonable and hopefully normal. A normal person would not have done what they have done. Your solicitor etc does not have to live next door to McCrazy if they start to escalate and this can often come down to who has the most guts to go all out.

GardenLaw is fantastic and can show you the crazy that people deal with. We had a boundary dispute, even the surveyor came out and agreed with us and land registry deeds and the neighbours still wouldn't have it, disagreed with the surveyor etc. Because, they were not reasonable people.

My advice, set up cameras now to cover that area, take photos and videos now on your phone. In fact anyone reading this, when you move into a property record with video and photos where the boundaries are, what condition the fences are in, the hedges etc so you have a thing to refer back to.

Whatever you say you will do in the letter follow up with. Don't give 14 days and then leave it 20. Be fully prepared to dismantle, carefully, whatever they have put on your land. The police will tell you it is a civil matter and will only come out if there are threats etc. So cameras that cannot be knocked out of your hands and will record you removing the storage thing all go in your favour. Stay calm, speak calmly no matter how much they may yell and if they do threaten you tell them you will call the police if they don't stop and do it.

Good luck and know that this will impact any future selling unless they remove it calmly. If it is resolved then it is fine, otherwise you may live next door to crazy who for whatever reason (likes to play victim) won't even want to see you move and will try everything they can to sabotage that sale. Best of luck to you.

Bloody hell. I wasn’t expecting that. He’s literally removed the fence and put a shed on your land? That’s crazy. I’d have a solicitor write a letter, tell him he’s got ten days to remove as fully on your property or you will dismantle and leave on his land and not be Responsible for damage.

Just seen your update, then surround yourself with people who will help you remove it. Might even play better if it is some bloke up against a group of women. You probably will need to start to remove it, even the suggestion of you know power tools noise that he can't see might make him remove it himself.

Thank you @AbsolutelyNameChangedForThis that’s very good advice. I will try once more to reason with him then if nothing changes, Will video us removing it carefully.

@JediKnightingale It usually comes down to who has the biggest balls because the alternative is the shed remains there. He could then just try to claim the rest of your land for his personal use. So say it and mean it, you will be removing it if he doesn't. I wish I lived near you as I would come and help. You need fearless people, so think about who that could be.

It is completely shit and having been there also a bit terrifying when you don't know what they may do next (nicked our bin and other petty shit) but I am mentally behind you. Very unMN hug.

Give it a rest - there’s absolutely nothing to suggest that.

OP he sounds like a dick. You want to find someone who deals with litigation.

Thanks @AbsolutelyNameChangedForThis - I’m determined to get this resolved and I won’t be backing down. Fortunately my brother will happily come and help remove it with a few of his mates!

@Spirallingdownwards That can’t have happened because if he had tried to claim the land through that law we would legally have to had been informed.

@JediKnightingale excellent. I was going to also suggest befriending the local rugby club, but a brother and his mates with promises of some sort of food is usually good enough. I think sometimes when you do stand up to people who are absolutely in the wrong it can make them realise you won't stand for this shit.

Best quality diagram ever seen on MN

great diagram, can't believe he is actually on your land!! CF. You must video the removal!! 😂