Someone is renting out my garden!!!!

[NorthSouthDivider]

So long story short. We have recently found out that a neighbour is renting out their property with backs onto ours. Our garden ends in woodland. Unbeknownst to us they have fenced off part of our tree lined area and included it in the parcel of land they are renting out as their property. So they are renting out their house and their garden but including a chunk of our garden as part of the deal!! What should I do?! I’m fuming.

I would get a solicitor to write a letter with the copies of the deeds asking to remove the fence from your land. I would then erected a fence on your boundary. Also tell the estate agents. Cheeky fuckers

when did the fence go up, to claim land you need to have secured it ie fenced it without challenge for 12 years I think, just using it for 12 years is not enough it needs to be exclusive, so if previous owners allowed them to use woodland but they still used it themselves that would not be part of the 12 years,
they would need proof of exclusive use to claim it as theirs
if they can prove they have had use of but not exclusive use of they may have a claim to continue using it but that would not be ownership it would still be your land and it would not be a right to alter boundaries erect fencing etc
you may need a lawyer

@NorthSouthDivider I would post onto the gardenlaw forum, they will help you with the exact legal position and what you can and cannot do - worth doing so you are 100% sure of what needs to be done and may save you the cost of a solicitor.

We had similar when a neighbour rented their property informing the renter that one of our parking spaces was a visitor spot and worked on the basis of who got it first. Well that caused us HUGE fucking problems.

Op your last message is a bit different. If they’ve been ‘looking after’ the land for more than 10 years they may have a right to adverse possession. Won’t matter what your deeds say. Speak to a solicitor

This is the pre-2002 position. If the land is registered (highly unlikely it’s not) they’d have to apply to replace the registered owner. The registered owner would be notified and can prevent this happening. Possession is no longer 9/10 of the law when it comes to land.

Not until the registered owner is made aware of a formal application and fails to resist.

Adverse possession was overhauled before I was at law school and that was decades ago.

https://www.gov.uk/government/publications/adverse-possession-of-registered-land/practice-guide-4-adverse-possession-of-registered-land

You are correct. We have just been in this position and got our land back. We had to reclaim it within two years and that was fairly expensive. But had we not, we would have lost it.

We had to use a solicitor to reclaim the land after land reg confirmed it was ours. Then new fencing etc. It’s not fair but such is life.

To add, it can be tricker to resist if the adverse possession is the result of a misunderstanding about where the boundary is, but that would conflict with their apparent argument that it’s theirs because they’ve been using in for a long time.

When was this fencing erected?
Was it put up whilst you were out?
Think we need a drawing.

Sounds complex. Have they been using it for a long time? Did you know?

Get some proper fences up, that will quickly solve the issue.

Go and take the fence down tonight. Leave the parts on their land, photograph what you have done and if possible photograph a measurement from a known point on your land so you can show that the fence was trespassing

then proceed with a solicitors letter.

I would think the EA would be in a spot of bother by renting out someone else's property so would speak to them. Sounds as though you've started something with neighbours already though if they say they've been using it for ages.

Good luck sorting it out

How would you not notice someone erecting a fence in your garden

@lemonskittles the garden is long and wooded with a steep slope. You can’t see the fence from the house or lost if the garden due to trees.

How long have they they used the land for?

Im not sure. They bought it a few years ago and we’ve been here for three years.

anyway, even if they assume adverse possession, we have not been approached by the Land Registry about it and there has been no change in deeds and so this land is categorically ours.

Where is the diagram?

They can’t just assume adverse possession- that isn’t how it works. You do need to start fighting back though. Put signs on the land, removing the fence, writing to them, the letting agents etc. Make their life uncomfortable and ensure any tenants are aware it’s your land. The tenants won’t check the title so make it clear on the ground.

Your letter should be unambiguous- it is your land, you don’t give them any permission to be there, you have never given them permission to be there. You need to enclose it and make it clear to all it’s your land.

Quite like that advice tbh. Cheeky gits.

Thank you @Lovemycat2023 thats really helpful advice x

Maybe they think you are an easy mark because of the other neighbor hanging the sail in your tree?

Though you referred to that in the past tense. Does that mean it was finally resolved?

Id definitely be knocking that fence down immediately.

I would be notifying them, removing the fence and putting up one of my own. Notifying the agent is just a by the by here, the action needed is reclaiming your own land. Don’t focus on the agent, just go get it done!

Put your own fence up on your boundary asap and write to them to take their fence down.

Picture would help.