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.

Awesome diagram.
Once I checked with a lawyer I would give the CF 7 days to remove it then go at it with a sledge hammer

Unbelievable that he just put his extension onto your wall after removing a section of the fence! Good luck 🤞

Take loads of photos from every angle if you haven't already, check the land registry deeds and see a lawyer. Have you legal cover with your house insurance?

This will cost you and may drag on

@JediKnightingale Originally was there a fence where the shed been placed. Did he remove the fence to erect the shed? Not that it makes much difference; I’m trying to gauge how far along the cf scale your neighbour is. Did all this happen when you were home or away?

I wish you a speedy resolution!

PS Thank you for the lovely clear diagram!

I was just checking because you may have moved in after and not realised. I appear to have missed an update about him moving the fence and to the rude poster who told me to give it a rest - there were no details regarding time spent in the properties by either party which is why I asked so I am unsure why you felt the need to be unnecessarily rude.

Except that would be criminal damage

How long have you both lived at the properties? Was he replacing an old structure with a new structure or did he one day just claim a piece of your land? Has he engaged in any conversation with you about it and given his reasons for doing it? My guess is he thinks the whole strip of land belongs to him and he thinks your house butts up to the boundary.

Good gravy, I'd have removed that the second I found - you used to literally be able to walk down the side of your house!

I'd continue the fence along the side - is there a reason you can't ?

What a CF!!! Did he literally take a fence panel out and make a land grab??

That’s awful!

Sorry, he has removed your fence panel, and put up a shed on your property? I would firstly check they deeds, and then tell him he has 7 days to remove it. If it's on your land, then I'd remove it- or just out the fence panel back up and leave it there!

Note my check with a lawyer comment

Take it down and put the fence back up !

Place marking for the eventual resolve.
Good luck OP.

This is in Legal Matters. Most posters are generally lawyers 😉

Wow. That’s one hell of CF!

Not reading the bulk of the replies they aren’t!

Have you got legal cover on your house insurance ? They might be able to help, but tbh I'd be taking the shed down and popping it the other side of the fence ! CF ....

Have you sent the letter yet? And as a PP says, do it the day after the deadline because if he's missed the deadline by 1 day he has no intention of abiding by it.

Oh sweet summer child…

@JediKnightingale would love to know what the outcome was.....We are in a similar situation where are the registered owners for an alley which runs between two end terraces and our neighbours have an easement but they've built their front garden fence half way into the alley.

Are we actually allowed to remove it ourselves? I would think it would be criminal damage as some people have pointed out.

@PiaC if you have land registry plans for both properties and you each have an easement over the others half of the alley then yes you can remove the fence. However, you need to return the fence etc to them as it is their property.

I assume you have talked to them. Start with a letter enclosing the land registry plans etc. and give then time (deadline) to remove it. If no action, 2nd letter advising you will remove on x date if they don’t remove it. On x date remove fence.

It’s all been resolved - we have reached an amicable agreement with our neighbour after sending a firm but polite letter with the title deed’s attached. The Garden Law forum was really useful and gave me some pointers into what to put in the letter.

It would have been annoying to have had to remove their fence but we would have been within our legal rights to do so (as long as we didn’t damage their property and returned it to them).

Admit it op you have a brand new patio....

thanks @JediKnightingale appreciate the reply. I am planning to do the same.

Would you mind sharing what legal points you made? I will also look on Garden Law.

I am planning to print both title plans and show him that his boundary is in line with his flank wall and not half way into the alley but what I keep reading on all forums is that the red outline on a title plan cannot be relied upon for boundary disputes. Like I mention we are the registered owners of the alley and the neighbour next door has an easement to be able to access their back garden on foot via the alley. Images attached for reference (the one with blue numbers is our title plan). I am really hoping this will do it.