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Original poster

Someone is renting out my garden!!!!

167 replies

NorthSouthDivider · 04/11/2023 16:24

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.

OP posts:
Thread gallery
6
PepsiCoco · 04/11/2023 22:26

@Sisterpita it does sounds very similar doesn’t it!

Teentaxidriver · 04/11/2023 22:30

Adverse possession takes, I think, about 15 years to acquire.

Take legal advice and get your solicitor to send a strongly worded letter before action. Inform estate agents it isn’t entirely their property and get it delisted (threaten to report the estate agents to their ombudsman if they push back). Aim to dismantle their fence and put your own up this week. I’d probably install some kind of CC tv as well to monitor the situation - if they damage the cameras, involve the police for criminal damage.

Tinkerbyebye · 04/11/2023 22:32

I would send the owners a letter stating it’s yours and they one week to remove the fence. If they don’t remove and fence where it should be

Dibbydoos · 04/11/2023 22:36

Play tge game, they know they've knocked your farden, so talk to.them. Show them the land ownership docs - a copy they can keep hold of. Then confirm you're using a contractor to erect your fence on the property line. They have to deal with their tenant.
CFs.

DrBlackbird · 04/11/2023 22:48

I’ve known two people who’ve claimed land by fencing it off. Can’t remember how long it has to be fenced off for (7 years?) but it is definitely something you need to act on to settle ownership. Especially if the neighbour has actually fenced off your land. You can do an online search about this.

https://www.ft.com/content/0b5c4b36-fd73-11e5-b5f5-070dca6d0a0d

Itsjustagoogleaway · 04/11/2023 23:01

Just move the fence.
If they don’t agree get a boundary surveyor to mark out your boundary.
if they don’t agree they get a boundary surveyor.
Then leave it to the surveyors to sort out where your boundary is.
cost in SE last time I had to do this was £1500 in 2021

TwoDozenWomen · 04/11/2023 23:09

See a solicitor as others have said,. but until then put up 'private - no trespassing' signs, and take photos with the date on.

TentChristmas · 04/11/2023 23:19

The rules are a diagram……

mathanxiety · 04/11/2023 23:25

You have to deal with this asap or they may have grounds to claim adverse possession.

PrincessScarlett · 04/11/2023 23:31

How long has it been fenced off for? Was it fenced off when you bought the property 3 years ago? If so, they could have had the fence up years before you bought the property.

Froooty · 04/11/2023 23:34

I am in a similar (but different reason) scenario. You need to regain access to the contested land IMMEDIATELY, even if you have to take out a fence panel to do it (store it somewhere without damaging it since they might moan that you've stolen it and demand you hand it back). Your goal here is creating evidence that you have not been prevented from using your own land.

Snap and video yourselves clearly inside that land, have a picnic, pull weeds or do some mowing etc.

They are attempting Adverse Possession, but others have explained why it won't work, because you're getting ahead of them. Read the Wikipedia article on it to get a good understanding on how to defeat it. You need to get back into the land today. The moment you do so, the ten years resets to zero. 😂

PS put nothing at all in writing and politely refuse to discuss it with owner, renter or agent - if come to your home, suggest politely that you might like to get legal advice, then say goodbye and close the door. And if they start any letters etc you may need to ask a solicitor to deal with them.

johnd2 · 04/11/2023 23:41

NorthSouthDivider · 04/11/2023 16:24

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 say you should tell them to either reinstate the boundary by x date, or if the land is worth much to them compared with you, offer to sell it to them as long as they cover all valuation, legal and other costs plus 110% of the value of the land (or whatever)

AdoraBell · 04/11/2023 23:44

Definitely go the legal route. I’d be tempted to get manure delivered as suggested.

Iamnotalemming · 04/11/2023 23:47

You cannot adversely possess registered land. Your neighbours sound like arses.

The estate agent won't do anything.

Please check your property insurance to see if it covers legal expenses. I'm afraid you are going to need a solicitor to sort this out.

Good luck!

Itsjustagoogleaway · 05/11/2023 00:03

Iamnotalemming · 04/11/2023 23:47

You cannot adversely possess registered land. Your neighbours sound like arses.

The estate agent won't do anything.

Please check your property insurance to see if it covers legal expenses. I'm afraid you are going to need a solicitor to sort this out.

Good luck!

You can adversely possess registered land.
We adversely possessed a flat and the freehold of a house.
Both registered.

Itsjustagoogleaway · 05/11/2023 00:03

Iamnotalemming · 04/11/2023 23:47

You cannot adversely possess registered land. Your neighbours sound like arses.

The estate agent won't do anything.

Please check your property insurance to see if it covers legal expenses. I'm afraid you are going to need a solicitor to sort this out.

Good luck!

You can adversely possess registered land.
We adversely possessed a flat and the freehold of a house.
Both registered.

Crumpleton · 05/11/2023 00:09

I'd send a letter with copies of your deeds clearly showing the boundry and tell them that they have until a set date to remove the fence and re erect on the correct boundary, if they don't complete by then you'll assume that they are gifting you the fence and you'll move it back yourself.
Add that If they fail to do this you'll instruct a solicitor to act on your behalf plus any out goings
you've had to spend out for you will also be looking to claim back.

Also have a look on 'The Garden Law' forum, there are some people on there that are experts in this type of thing and offer good advice.

MiniBossFromAus · 05/11/2023 00:14

niadainud · 04/11/2023 17:29

Is it an elderly Korean lady?

This was my first thought.🤣🤣🤣🤣

LaurieStrode · 05/11/2023 00:16

I don't understand why you are being so passive. I'd ve protecting my property with a sense of urgency.

Itsjustagoogleaway · 05/11/2023 00:18

Crumpleton · 05/11/2023 00:09

I'd send a letter with copies of your deeds clearly showing the boundry and tell them that they have until a set date to remove the fence and re erect on the correct boundary, if they don't complete by then you'll assume that they are gifting you the fence and you'll move it back yourself.
Add that If they fail to do this you'll instruct a solicitor to act on your behalf plus any out goings
you've had to spend out for you will also be looking to claim back.

Also have a look on 'The Garden Law' forum, there are some people on there that are experts in this type of thing and offer good advice.

Unfortunately a boundary line on deeds is only notional.
You need a ‘boundary surveyor’ to actually set the line out on the land.

Land registry plans, would you believe, are not accurate and don’t have to be.

Itsjustagoogleaway · 05/11/2023 00:21

Ps.

Do not waste your money on a solicitor, they will simply get a boundary surveyor and charge you for the privilege.
Make sure the boundary surveyor is proficient in litigation….just in case it goes to court.

MeMySonAnd1 · 05/11/2023 00:30

Cottagecheeseisnotcheese · 04/11/2023 19:30

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

Looking at this and that you said they have previously said the land is theirs, I wouldn’t be faffing around at all or going the “you may have put the fence in the wrong place” niceties.

Instructor a solicitor first thing on Monday.

JFT · 05/11/2023 00:42

itsalongwaybackfromsorry · 04/11/2023 17:26

Write the owner and blame the tenants and ask that the fence on your property be removed immediately.

That is an excellent and superbly diplomatic solution!

I wish thinking like that came naturally to me. I am not the OP and I have no house or garden btw.

Zonder · 05/11/2023 00:46

TentChristmas · 04/11/2023 23:19

The rules are a diagram……

This. Or photos.

CynicalOne · 05/11/2023 02:51

NorthSouthDivider · 04/11/2023 19:22

Oh and no- it wasn’t the tenants. It was the owner who is basically saying they’ve been using it so long that it is now theirs! It is very clearly ours if the deeds.

I’m sure that it only becomes theirs after some ridiculously long amount of time like 10 years. Would you have noticed this fence in such a long period of time?

Also, you say it’s contested land? How and why?